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(영문) 대전지방법원 2015.09.24 2014가단20643
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The real estate listed in the separate sheet is a building owned by the Plaintiff.

그런데 2011. 2. 17. 피고가 원고에게 도장을 달라고 윽박질러 도장을 주었는데 피고는 이를 이용하여 위 부동산에 관하여 2011. 2. 18.자로 피고 명의로 소유권이전등기를 경료하였다.

The transfer registration of ownership in the name of the defendant shall be cancelled because it is registered.

B. The Defendant, as the Plaintiff was old, withdrawn KRW 29.6 million over 20 times as shown in the attached list in the Plaintiff’s passbook, in order to make it possible for the Defendant to manage the Plaintiff’s passbook.

However, among the money withdrawn by the Defendant, the remaining KRW 19.6 million is the money embezzled by the Defendant after deducting the money of KRW 500,000 per actual use by the Plaintiff.

The defendant shall compensate the plaintiff for damages equivalent to the above embezzlement amount.

2. Determination

A. As to the claim for the execution of the procedure for cancellation registration of ownership transfer under the name of the defendant

In full view of the following circumstances, which can be known by the respective descriptions in subparagraphs 1 through 8 and the purport of the entire pleadings, namely, even if the Plaintiff’s assertion is based on the Plaintiff’s assertion, a certified judicial scrivener who was delegated with the procedure for ownership transfer registration, confirmed his intention by telephone to the Plaintiff. The Defendant asserted that the real estate purchase price was agreed to be used as funeral expenses after the Plaintiff, even if the real estate purchase price was not paid, and that the registration for ownership transfer cannot be deemed as invalid. In full view of the following circumstances, it is insufficient to recognize that the Defendant completed the registration for ownership transfer without any reason against the Plaintiff’s will or by forging relevant documents, and there is no other evidence to acknowledge otherwise.

B. Next, whether the Defendant embezzled the Plaintiff’s money.

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