logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.05.01 2014가단41438
소유권이전등기절차말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On May 31, 2013, D had no intent and ability to obtain a new construction of a multi-household E in Pyeongtaek-gun, Gyeonggi-do and a building permit therefor, and concluded a construction contract by deceiving the Plaintiff to obtain the said new construction and building permit, and acquired from the Plaintiff necessary documents for the registration of transfer of ownership as to the 2311m2 in Pyeongtaek-gun, Gyeonggi-gun, under the pretext of the construction cost. The Plaintiff’s damage claim against D’s illegal act is revoked as a fraudulent act the sales contract (transfer agreement) concluded on June 13, 2013 with regard to the real estate listed in attached Table 1(3) and between Defendant C and D with regard to the real estate listed in attached Table 1(3) as a preserved claim.

2. The evidence submitted by the Plaintiff alone is insufficient to recognize the fact that D has concluded a construction contract by deceiving the Plaintiff without the intent and ability to obtain the said new construction work and the building permit and acquired the documents necessary for the registration of transfer of ownership from the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, since the Plaintiff’s claim for the revocation of the fraudulent act in this case, which had the damage claim against D due to the tort, cannot be recognized as the preserved claim, it is no longer reasonable even if not examined further.

3. If so, the plaintiff's claim against the defendants is without merit, and it is so decided as per Disposition.

arrow