(영문) 울산지방법원 2015.10.30 2014가단58206

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(영문) 울산지방법원 2015.10.30 2014가단58206

근저당권말소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. After the divorce on June 24, 1998 between B and C, the Plaintiff lived with C, and B died on February 4, 2014, the Plaintiff is the only heir of B.

B. On June 10, 201, the ownership transfer registration for the real estate listed in the separate sheet (hereinafter “instant real estate”) was completed on June 10, 201, and the ownership transfer registration was completed on January 29, 201 to D (the second spouse or E) as the receipt No. 5645 on January 29, 2014.

C. D borrowed KRW 60 million from the Defendant on March 12, 2014, and completed the registration of the establishment of a neighboring superficies and the registration of the establishment of a superficies (hereinafter “each of the instant registrations”) as stated in the purport of the claim regarding the instant real estate to the Defendant.

[Ground for Recognition: Facts without dispute, entries in Gap evidence Nos. 4 through 7, purport of whole pleadings]

2. The plaintiff's assertion and its determination

A. The Plaintiff’s assertion that the ownership transfer registration of this case was completed by forging the power of proxy to issue a seal imprint and the sales contract, etc. on the ground that the Defendant entered into a sales contract with B or did not pay the purchase price to B, and was delegated by B for the conclusion of a sales contract and the registration of transfer of ownership, and thus, the registration of invalidity of cause should be cancelled.

The registration of this case made by the Defendant shall also be cancelled, where the registration of this case was made by the Defendant, and the cause thereof is null and void.

B. In full view of all evidence submitted by the Plaintiff, the Plaintiff’s assertion is insufficient to acknowledge that the registration of invalidity of cause is made based on a sales contract, etc., in which the registration of ownership transfer of this case was forged, and there is no other evidence to acknowledge it.

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