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(영문) 창원지방법원통영지원 2015.01.22 2014가합1641
소유권말소등기
Text

1. The Defendant is the Changwon District Court on June 5, 2013 regarding each real estate listed in the separate sheet to the Plaintiff’s successor.

Reasons

1. Basic facts

A. On May 22, 2013, the Defendant, a South-North of the network A, completed the registration of ownership transfer in the name of the Defendant under the receipt of the Changwon District Court Dao District Court 29280 on June 5, 2013 on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by the network A.

B. In addition, on May 22, 2013, the network withdrawn the total amount of KRW 70 million for each periodical deposit established at the flood control point under its own name ( KRW 10 million, ② H account KRW 5 million, ③ I account KRW 21 million, ④ J account KRW 25 million, ⑤ K account KRW 5 million, ⑤ The Defendant received the said KRW 70 million.

C. In addition, on June 4, 2013, the network A entered into a sales contract with M and N on June 4, 2013 with respect to the instant separate real estate owned by it (hereinafter “instant separate real estate”), and completed the registration of ownership transfer on July 25, 2013, but the Defendant received the said KRW 480 million.

On the other hand, on March 13, 2013, 2013, the Plaintiff-Appellant B, a female of the deceased, filed a petition for adjudication of quasi-incompetent A with the Changwon District Court 2013 Madan121 on the ground that the Plaintiff-Appellant B’s mental and physical weakness of the deceased, was declared a quasi-incompetent on June 11, 2013, and the judgment became final and conclusive on July 2, 2013.

E. The deceased died on November 4, 2014, while the lawsuit of this case was pending, and the deceased’s successors are both the children of the deceased A, and the plaintiff and the defendant.

【Ground of recognition】 Facts without dispute, entries in Gap evidence 1, 8 through 11, and purport of the whole pleadings

2. Determination on this safety defense

A. The summary of the Defendant’s assertion: (a) the legal representative of the Plaintiff’s successor did not have been granted the Plaintiff’s power of attorney; (b) the instant lawsuit was filed on the basis of the forged power of attorney, the Plaintiff’s successor; and (c) the Plaintiff voluntarily withdrawn the instant lawsuit on August 5, 2014; and (d) the said legal representative was only on September 15, 2014.

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