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(영문) 창원지방법원 2017.12.20 2016나60260
가등기말소 회복등기 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Co-Defendant B of the first instance trial (hereinafter “B”) completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on May 7, 2009, which was received on May 7, 2009 from the Changwon District Court 1,445 square meters (hereinafter “the instant real estate”) with respect to the pertinent real estate (hereinafter “the instant real estate”).

B. On September 20, 201, the Plaintiff, a mother of B, completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on September 20, 201, with the Matern registry office No. 48015, Sept. 20, 201.

C. B without the Plaintiff’s consent, on November 19, 2015, issued three copies of the Plaintiff’s certificate of personal seal at the Seongbuk-gu Fdong community service center in Seongbuk-gu, Changwon-si, Sungwon-si, and one copy of the Plaintiff’s certificate of personal seal impression at the Plaintiff’s Gdong community service center on November 23, 2015.

Since then, around November 23, 2015, B had the Director J present the Plaintiff’s certificate of seal impression and certificate of seal impression at the I Certified Judicial Scriveners Office, and had J prepare the Plaintiff’s letter of delegation for cancellation of the provisional registration of this case, and affixed the Plaintiff’s certificate of seal impression forged on the same day and later on the Plaintiff’s name.

B submitted to A certified judicial scrivener I a forged power of attorney as above on the same day, and required I to submit an application for cancellation of the provisional registration of this case at a o's registry around November 23, 2015. The provisional registration of this case was cancelled on November 24, 2015 by the o's registry office No. 74563, Nov. 23, 2015.

E. On December 1, 2015, B entered into a contract with the Defendant to sell the instant real estate in KRW 200,000,000,000, and the Defendant completed the registration of transfer of ownership on December 1, 2015, which was received as of December 1, 2015, as the grace registry No.75865, Dec. 1, 2015.

F. The execution of the procedure for the restoration registration of the provisional registration of this case cancelled to B.

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