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(영문) 대구지방법원 2019.10.11 2018가단105481
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 1, 1988, the Plaintiff acquired the ownership of 699 square meters (hereinafter “instant real estate”).

B. On April 4, 1990, the Defendant completed the ownership transfer registration under No. 8808 on April 12, 1990 with respect to shares among the instant real property, for sale and purchase on April 4, 1990.

C. In addition, the Defendant and D completed the registration of ownership transfer as of December 31, 1996 with respect to the respective shares of 22/1,398 shares among the instant real estate and 29/42 shares of 29/42 shares among the 211m2 in Busan-si E, Busan-si, on November 13, 1996.

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

2. The purport of the Plaintiff’s assertion is that the Plaintiff did not sell shares among the instant real estate to the Defendant, and did not prepare a sales contract, and did not deliver to the Defendant with a certificate of personal seal impression issued for real estate sales.

Therefore, the registration of ownership transfer in the name of the Defendant, which was completed on April 12, 1990 with respect to shares 75/69 of the instant real estate, is null and void since the forged sales contract or the Plaintiff’s certificate of personal seal impression for real estate sale is not attached. Therefore, the Defendant is obligated to implement the registration procedure for cancellation of ownership transfer in the purport of the claim to the Plaintiff. Even if the sales contract between the Plaintiff and the Defendant on share 75/699 of the instant real estate is valid, the Plaintiff did not receive the purchase price from the Defendant, and thus the said sales

Therefore, the defendant is obligated to implement the procedure for cancellation of registration of cancellation of share transfer registration to the plaintiff by restoring the original state following the cancellation of the above sales contract.

3. Determination

A. In the event that the registration of ownership transfer is completed with respect to real estate in the relevant legal doctrine, barring any special circumstance, the cause and procedure should be completed lawfully.

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