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(영문) 서울서부지방법원 2018.11.08 2017가단234906
소유권이전등기말소 등
Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B’s Seoul Western District Court shall make a registration office.

Reasons

1. Basic facts

A. The Plaintiff was the husband of Defendant B’s husband D, and was suffering from hearing disability, language disability, and mental disorder (the disabled registration was completed on January 12, 1989 as Grade II with hearing disability). The Plaintiff was hospitalized in the E Hospital’s psychiatrist from September 24, 2009 to March 17, 201; from March 20, 2011 to May 31, 2013; from February 7, 2014 to September 25, 2014.

B. On July 15, 2014, Defendant B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt of No. 43342 on August 26, 2014 with respect to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), and completed the registration of establishment of a neighboring mortgage by Defendant C Co. (hereinafter “Defendant C”) for the same day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The parties’ assertion

A. Although the Plaintiff did not conclude a sales contract with Defendant B on the instant real estate, the Plaintiff’s assertion that the registration of ownership transfer was completed by forging a sales contract (No. 7, hereinafter “instant sales contract”) with Defendant B, and thus, the registration of ownership transfer should be cancelled as a cause invalidation. Defendant C, a third party with interest in the registration of ownership transfer, has a duty to accept the cancellation of the above transfer registration.

B. Defendant B’s assertion that the Defendants asserted was delegated by the Plaintiff and duly prepared a sales contract, and completed the registration of ownership transfer by entering into such sales contract.

3. Determination

A. If the seal affixed to the person in whose name the preparation seal affixed to the judgment on the claim against the defendant B is affixed with his seal, a special seal shall be affixed.

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