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(영문) 수원지방법원 2018.01.25 2017가단512180
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is registered in the Plaintiff’s name.

B. As to the instant real estate, the registration of ownership transfer was completed as of July 13, 2015 as of the Suwon District Court's Suwon District Court's Receipt No. 132723 on the same day, and the registration of ownership transfer was completed as of July 13, 2015 on the same day on the same day in the name of the Defendant New Real Estate Trust Co., Ltd. (hereinafter "Defendant New Real Estate Trust"), and as of the same day in the name of the same registry office, the registration of ownership transfer was completed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, each of the statements and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. As seen earlier, Defendant B had an opportunity to serve as the Plaintiff’s internal director from May 7, 2015 to December 15, 2016, and in collusion with C, her husband, forged all documents necessary for the registration of ownership transfer on the instant real estate owned by the Plaintiff without the Plaintiff’s general meeting of shareholders or the board of directors resolution, and completed the registration of ownership transfer in Defendant B, as seen earlier. As such, Defendant B’s registration of ownership transfer in the name of Defendant B, which was completed on July 13, 2015, is an invalidation of cause without any legal cause, and the registration of ownership transfer in the name of Defendant New Real Estate Trust, which was completed based on the registration of ownership invalidation, is also a registration of ownership transfer in the name of Defendant New Real Estate Investment Trust, and thus, seek implementation of the registration procedure for cancellation of each above transfer of ownership.

B. The Plaintiff’s assertion that Defendant B conspired with Defendant C to forge all the documents necessary for the registration of transfer of ownership regarding the instant real estate and completed the registration of transfer of ownership in the future of Defendant B is insufficient to recognize the Plaintiff’s assertion even if the Plaintiff’s testimony and witness D’s testimony are not believed.

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