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(영문) 광주지방법원목포지원 2015.11.04 2014가단10685
소유권이전등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the Plaintiff’s share 1/3 of the real estate listed in the separate sheet No. 1, as to the real estate listed in paragraphs 2 through 5 of the separate sheet, the right to claim transfer of ownership was registered under No. 46401, Nov. 2, 1996, which was based on the promise to trade as of October 20, 1996 in the name of each Defendant B.

B. As to each real estate listed in the separate sheet, the registration of ownership transfer was completed under the 19173 status of the Gwangju District Court on October 19, 2004 as to each real estate under the name of each defendant B.

C. Regarding 1/6 of the shares in the Defendant B’s name among the real estate in the attached list No. 1 of the attached list No. 2 of the attached list No. 5, the registration of ownership transfer was completed under the title of the Gwangju District Court No. 38922, Sept. 3, 2009, which was based on the gift of June 3, 2009, in the name of each of the Defendant B among the real estate in the attached list No. 2 through 5 of the attached list.

[Ground of recognition] Facts without dispute, Eul evidence 1 to 5

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion 1) As to each real estate listed in the separate sheet, the registration of the right to claim ownership transfer under Defendant B’s name is invalid because it is invalid because the registration of the right to claim ownership transfer was made without any legal cause. ② The right to claim ownership transfer registration under Defendant B’s name is invalid since the Plaintiff issued a certificate of personal seal impression and confirmation to sell real estate upon request of the Plaintiff for the purchase of a ship to prepare funds in a criminal case, and registration was made by using it without permission. Therefore, the confirmation document used for the right to claim ownership transfer registration is invalid because the certified judicial scrivener, who is the originator, did not confirm directly face the Plaintiff. In addition, the document for confirmation used for the right to claim ownership transfer registration, was written by the person who prepared the document for confirmation (the document was F, and the real estate stated in the separate sheet Nos. 4

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