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(영문) 인천지방법원 2020.11.04 2018가단212961
소유권말소등기
Text

1. Defendant E shall receive, on March 20, 2013, the registration office of the Incheon District Court with respect to the real estate stated in the attached Form from the Plaintiff.

Reasons

1. Basic facts

A. On July 10, 2003, the Plaintiff received the sale of real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer in the name of the Plaintiff, with No. 34028 (hereinafter “registration indication”) received on July 10, 2003 from the Incheon District Court’s registry office.

B. Since March 20, 2013, the registration of transfer of ownership in the name of Defendant E, which was received as of March 20, 2013, was completed as of March 1, 2013, the registration of transfer of ownership in the name of Defendant D, which was received as of July 25, 2013, as of June 21, 2013, as of June 30, 2014, as of May 20, 2014, as of May 20, 2014, the registration of transfer of ownership in the name of Defendant C, as of July 2, 2015, as of July 2, 2015, as of March 12, 2015.

On the other hand, on July 2, 2015, the registration of creation of a mortgage, which became the debtor, B, and Defendant F Co., Ltd., was completed on the ground of the contract that was concluded on July 2, 2015, as the receipt of No. 32612, supra, and July 2, 2015.

C. K is the Plaintiff’s spouse.

L is the friendly relationship of K and the mother of Defendant C, and the real estate brokerage office provided support for licensed real estate agents.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the claim against Defendant E

(a) Indication of claim: A claim for the cancellation of registration of ownership transfer on the ground of invalidity of cause;

(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

3. Determination as to claims against Defendant B, C, D, and F Co., Ltd.

A. The purport of the Plaintiff’s assertion is K and L, in collusion with the Plaintiff and Defendant E, complete the registration of ownership transfer under Defendant E by forging a sales contract between the Plaintiff and Defendant E.

Therefore, the registration of transfer of ownership in the name of defendant E should be cancelled as the registration of invalidation of cause, and it shall be invalid in the name of defendant E.

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