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(영문) 대전지방법원 2015.12.23 2014가단46331
소유권이전등기말소
Text

1. The defendant shall be the plaintiff.

A. As to one-fourths of each real estate listed in the separate sheet 1, 2, and 3.

Reasons

1. Facts of recognition;

A. On July 11, 2002, the Plaintiff, D, E, and F completed the registration of ownership transfer on July 11, 2002 on the ground of the successful bid due to voluntary auction on July 11, 2002, with regard to one-fourths of each portion among 63,570 square meters of land for Sejong Special Self-Governing City C, and divided the said forest into each real estate, etc. listed in the separate sheet.

B. The Defendant was established on June 3, 2014. Of each real estate listed in the separate sheet 1, 2, and 4, the registration of transfer of ownership in the name of the Defendant (hereinafter “each of the instant registrations”) was completed on the grounds that the Daejeon District Court received on June 16, 2014 from the Sejong District Court Sejong District Court Sejong District Court’s receipt on June 16, 2014 and received on June 20, 2014 as to the real estate listed in the separate sheet 3 as follows: (a) the receipt on June 20, 2014; and (b) the receipt on June 20, 2014 on June 20, 2014 from the Daejeon District Court’s receipt on June 25, 2014, as to the ownership transfer registration under the name of the Plaintiff (hereinafter “each of the instant registrations”) was completed on the grounds of investment in kind as of May 25, 2014.

C. On December 4, 1995, the Plaintiff filed a report of marriage with D on December 4, 1995 and maintained a marital life. After each of the instant registrations was completed, the Plaintiff filed a claim for divorce and consolation money as of September 22, 2014, and filed a counterclaim for the Plaintiff’s divorce and claim for division of property, and is currently pending in the Daejeon Family Court.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 17 (including additional number), Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion D is a married relationship with the Plaintiff, and without the Plaintiff’s consent, voluntarily brought the Plaintiff’s seal imprint, and obtained a proxy letter to obtain documents necessary for the registration of transfer of ownership, and the Plaintiff’s seal imprint certificate to the transfer of ownership, and completed the registration of the instant case in the name of the Defendant. As such, each of the instant registrations is null and void without the Plaintiff’s consent.

The defendant is obligated to perform the procedure for cancellation registration of each of the registrations of this case to the plaintiff.

(b).

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