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(영문) 서울중앙지방법원 2016.10.18 2013가단5119443
소유권말소등기
Text

1. As to shares 1/2 of the real estate listed in the separate sheet Nos. 1, 2, and 3, the Plaintiff shall:

A. Defendant B: each.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B, the Plaintiff, was holding 1/2 shares of K forest in Chuncheon City prior to the division (hereinafter “instant forest”).

B. On June 2009, the Plaintiff, as a result of the Plaintiff’s inheritance-related lawsuit from a small father, left Defendant B with the Plaintiff’s seal imprint certificate and resident registration certificate for the convenience of preparing the said lawsuit, and resided in the United States.

C. On December 2, 2011, the forest land of this case is not more than KRW 1, 2, 3, 4, and 5 indicated in the [Attachment List] No. 1, 2, 3, 4, and 5 of the instant case.

was divided into: D.

Defendant B, despite the absence of the Plaintiff’s donation of 1/2 shares among the instant real estate 1, 2, and 3, each of the instant real estate was forged on May 7, 2012. Based on the said contract, Defendant B filed an application for ownership transfer registration under his/her name with respect to each of the said 1/2 shares of the Plaintiff on the basis of the said contract. Defendant B completed each of the respective registrations of ownership transfer under Chuncheon District Court No. 23080, May 9, 2012.

E. Since then, as to the instant real estate 1, 2, and 3, the registration of creation of a superficies was completed under Defendant C and D’s name on January 3, 2013 under the name of each of the above courts as the receipt of No. 214 on January 3, 2013, and the registration of creation of a superficies was completed under Defendant C’s name on January 3, 2013.

F. Defendant B, even though there is no authority delegated by the Plaintiff to sell one-half of the instant 4 and 5 shares among the instant 4 and 5 real estate, he/she forged a real estate sales contract under the Plaintiff’s name on February 1, 2012, and pursuant to the said contract, he/she is “Defendant Company” as to each of the said 1/2 shares of the Plaintiff.

On February 1, 2012, Chuncheon District Court completed the registration of ownership transfer with No. 4816.

G. Since then, among the instant 4 real estate, the number of shares received from Defendant E, Defendant F, 496/1843, and Defendant G with respect to each of the instant 35/1843 shares is as follows: (a) December 5, 2012 received on December 5, 2012; (b) No. 57953, Dec. 5, 2012; (c) No. 57954, Dec. 5, 2012; and (d) No. 39120, Aug. 7, 2013.

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