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(영문) 대구지방법원 2014.04.25 2013노2712
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants were or was believed to have been authorized to sell real estate on behalf of D, and there was no intention of forgery, etc.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged.

1) Defendant A was the husband on September 1, 200 who reported a marriage with D on September 1, 200, and Q,O, and Defendant B were children between Jeon Nam and the former husband, and G was the husband of O. D had R, M, and S as a child between the former wife. A around April 2011, D had been under long-term medical care at a hospital located in Gyeongcheon-gun, Gyeongcheon-gun, G due to pneumoconiosis, etc., and Defendant A was in need of a simplified surgery as liver cancer.

3) D is the sole property of 153 square meters and above land and above ground buildings in Daegu-gu, Daegu-gu (hereinafter “instant real estate”).

(4) On May 3, 2011, the Defendants: (a) owned the seal imprint report on April 19, 201; (b) issued a certificate of personal seal impression for the sale of real estate with K buyer; and (c) issued a new certificate of personal seal impression for the sale of real estate with D, the purchaser of D after D after D’s death on May 3, 201; (d) prepared a sales contract, and completed the registration of ownership transfer for the instant real estate thereafter.

B. The Defendants asserted that D had the authority to dispose of the instant real estate to dispose of it to Defendant A and to use it as a simplified surgery.

However, D has appropriated its own hospital expenses and living expenses with the money that he was born by his pension and the money that he was born by R, M, and S. On the contrary, Defendant B andO, the friendship of Defendant A, did not bear all the living expenses and hospital expenses of Defendant A and Defendant A. In such a situation, D sells the instant real estate, the only property of Defendant A, to Defendant A, the fraud, to bear the liver surgery expenses of Defendant A, at a lower level than the market price.

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