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(영문) 부산지방법원 2016.02.19 2013가단86966
소유권이전등기말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 10, 2008, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was made on April 10, 2008 with respect to the real estate recorded in the separate sheet (hereinafter “instant real estate”) that was originally registered as owned by the Plaintiff, who is the father of D, on the same day.

B. On September 11, 2012, Defendant B filed a lawsuit against the Plaintiff for registration of transfer of ownership with Busan District Court Decision 201Da21245, and received a favorable judgment by public notice from the above court on September 11, 2012, and completed the registration of transfer of ownership as stated in paragraph (1) on June 19, 2012.

C. After doing so, Defendant C’s claim that the instant real estate was subject to sale on March 19, 2013, and the ownership transfer registration stated in paragraph (2) was made.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion D did not have been entrusted with the authority to dispose of the instant real estate by the Plaintiff, the owner of the instant real estate, in collusion with Defendant B, prepared the Plaintiff as the principal debtor, and concluded a pre-sale agreement with Defendant B with the Plaintiff with a certificate of the Plaintiff’s personal seal impression forged with the Plaintiff’s resident registration certificate issued by the Plaintiff, and entered into the instant provisional registration in the future with Defendant B, and made the instant provisional registration. While allowing Defendant B to file a lawsuit against the Plaintiff for ownership transfer registration under Busan District Court Order 2012Kadan245, Busan District Court Decision 2012Gadan21245, it was known that the Plaintiff’s whereabouts is unknown, thereby winning the court in favor

Therefore, the registration of ownership transfer in the name of Defendant B is the registration of invalidity of cause, and the claim(2) in the name of Defendant C, which is based on this, is written.

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