(영문) 인천지방법원 2020.10.15 2019가단234081

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.10.15 2019가단234081

소유권이전등기말소 등

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff has eight children between the network C, and the defendant is the head of the plaintiff.

B. On February 2, 2004, the Plaintiff completed the registration of transfer of ownership by reason of the gift dated January 28, 2004 (hereinafter “the gift in this case”) with respect to each real estate listed in the separate sheet (hereinafter “the instant land”) on the following grounds: (a) each real estate listed in the separate sheet (hereinafter “the instant land”).

C. On January 18, 2019, the Defendant sold the instant land in KRW 83,300,000 to D and the same year.

2. On June 19, 2015, the registration of ownership transfer was completed in the future, and on June 19, 2015, E sold the instant land in KRW 42,00,000, and completed the registration of ownership transfer on June 30, 201.

【Facts without dispute over the grounds for recognition, Gap evidence 1, Gap evidence 2-1 through 4, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The gist of the defendant's assertion asserts that the lawsuit of this case was not brought according to the plaintiff's intention, but brought part of the plaintiff's children, and that the delegation contract between the plaintiff and the plaintiff's attorney was not concluded, and thus, the litigation of the law firm regular

B. We examine the following circumstances: (a) No. 3-2, No. 5-1, and No. 2; and (b) the Plaintiff’s attorney, on June 9, 2020, certified and submitted a letter of delegation of a lawsuit to the effect that the Plaintiff was appointed as a legal representative on June 9, 2020 as a notary public, which certified and submitted as No. 116, No. 2020; (b) the Plaintiff’s name as indicated on the letter of delegation of a lawsuit and the Plaintiff’s name as indicated on the letter of delegation with the Korea Rural Community Corporation as the seller’s column of the sales contract concluded with the Korea Rural Community Corporation; and (c) the Plaintiff’s name as indicated on the letter of delegation with the Defendant as the statement submitted by the Defendant, which is all identical.

유사 판례

-수원지방법원여주지원 2016.05.18 2015가단22191

-인천지방법원 2016.06.22 2015가단67818

-대구지방법원경주지원 2019.05.01 2018가단3475

-서울고등법원 2019.05.31 2018나2017172

-수원지방법원안양지원 2016.09.28 2016가단5519