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(영문) 부산지방법원 2019.01.23 2018가단301165
소유권이전등기 말소회복등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. C is the representative director of the Plaintiff Company, and D is the former husband of C.

B. As to the land listed in the separate sheet, which was owned by the Defendant (hereinafter “instant real estate”), the registration of cancellation of each ownership transfer registration (hereinafter “registration of this case”) was completed on May 1, 2016, with the Changwon District Court (No. 17505, which was received on May 18, 2016) as well as the registration of cancellation of each ownership transfer registration (hereinafter “registration of this case”).

C. The certificate of cancellation of the agreement on the real estate sales contract (No. 16-1) signed on September 11, 2016, which was submitted as the document as the ground for the registration of cancellation of the instant case, states that “the sales contract for the instant real estate concluded on May 11, 2016 between the Plaintiff and the Defendant shall be rescinded as of September 12, 2016. The Plaintiff signed to the Defendant as of September 12, 2016, stating that “The cancellation shall be made on the ground of the cancellation of the agreement on the registration of transfer of ownership as of May 18, 2016, respectively, of the instant real estate as of May 18, 2016.” The Plaintiff’s seal imprinted by the Plaintiff company.

The application for cancellation of ownership transfer, power of attorney, certificate of personal seal impression, etc. (Evidence B No. 16-2 through B 16-4) were submitted along with the above agreement cancellation certificate, and the cancellation registration of this case was completed. The above power of attorney also states that “the cause and date of registration: the date of cancellation of agreement: September 12, 2016,” and the Plaintiff company’s seal impression is sealed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 12, 13, 24, 25, Eul evidence Nos. 16 (including virtual numbers; hereinafter the same shall apply), the overall purport of pleadings (No. 16) (the evidence No. 16 does not conflict with the plaintiff as to the fact that the stamp image is the plaintiff, it is presumed that the entire document's authenticity has been established). 2. The plaintiff's assertion

A. The Plaintiff’s certificate of grounds for the registration of cancellation of this case is proved as Gap’s certificate No. 22 in the original complaint.

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