logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.02.05 2014나22489
소유권이전등기말소
Text

1. Revocation of a judgment of the first instance;

2. The defendant's acquisition intervenor shall have one-half share of the real estate listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On January 3, 2011, the Plaintiff completed the marriage report with the Defendant (hereinafter “Defendant”).

B. On December 9, 2011, the Plaintiff donated 1/2 shares among the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and completed the registration of ownership transfer based on the same day. On November 1, 2012, the Plaintiff completed the registration of ownership transfer under the name of the Defendant on November 9, 201, following the Defendant’s donation of the remainder of 1/2 shares (hereinafter “instant donation agreement”) to the Defendant (hereinafter “instant donation agreement”).

C. Meanwhile, the Plaintiff, from September 6, 2012, received hospitalized treatment at the Brain Center of the Seoul National University Hospital from around 2012 due to cerebral chron, and discharged the Plaintiff on September 10, 2012, but again, was hospitalized at the said hospital via an emergency room on November 6, 2012 due to the deepening cerebral chronic symptoms.

On September 30, 2013, the Defendant sold the instant real estate to the Intervenor acquiring the Defendant, and completed the registration of ownership transfer based on the receipt of No. 50619 on November 29, 2013 by the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 3, Gap evidence 4-3, Gap evidence 6, the purport of the whole pleadings

2. Determination on this safety defense

A. The summary of the argument is that the defendant did not grant the plaintiff's attorney's power of representation, and even if so, such power of representation exists.

Even if the plaintiff's attorney's power of attorney is not proved, the lawsuit of this case is unlawful, unless it is proved.

B. In full view of each of the statements in Gap evidence No. 5, Gap evidence No. 7-1, and No. 7-2, and all of the arguments in the court of first instance, the plaintiff prepared a "written confirmation of fact" to the effect that the plaintiff's attorney granted his/her power of attorney to the plaintiff's attorney in relation to the institution of the lawsuit in this case on October 4, 2013 and received authentication from a notary public.

arrow