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(영문) 서울중앙지방법원 2020.06.23 2019가단5169952
가등기말소
Text

1. The Defendant received on March 18, 2019 from the Seoul Central District Court with respect to the real estate stated in the attached list from the Plaintiff.

Reasons

1. Basic facts

A. The Defendant and C are the married couple, and the Plaintiff’s children were the Plaintiff, and the registration of transfer of shares was completed with respect to the commercial buildings listed in the separate sheet owned by C (hereinafter “instant real estate”) on May 3, 2003 in the name of the Defendant and the Plaintiff as to each property inheritance.

(Defendant: 3/5 shares, Plaintiff 2/5 shares). (b)

After that, on March 18, 2019, provisional registration on the part of the Plaintiff’s share in the instant real estate (hereinafter “instant provisional registration”) was completed on March 18, 2019. On November 1, 2019, the Defendant received a summary order of KRW 3 million for a crime that includes the following (Seoul Central District Court Decision 2019 High Court Decision 17927), and the summary order was finalized on November 14, 2019.

Around March 15, 2019, the Defendant forged private documents related to the instant real estate, and exercised the right without authority, on the column for the reservation for real estate transaction with respect to 2/5 shares of the Plaintiff among the instant real estate, the Defendant entered the Plaintiff in the column for the reservation for real estate transaction with respect to 2/5 shares of the Plaintiff, stated the Defendant’s name in the column for the reservation right holder, affixed the Plaintiff’s seal impression on the name and side of the Plaintiff’s name, affixed the Plaintiff’s seal impression on the delegated part of the delegation, thereby forging each of the contract for real estate sale and purchase and/or each of the delegation forms related to the instant real estate in the name of the Plaintiff. On March 18, 2

On March 18, 2019, the Defendant received the application documents for provisional registration of this case from the above registry office on March 18, 2019, and had any employee of the registry office who knows that one copy of the contract for the reservation of real estate transaction and one power letter were forged make the provisional registration of this case to be the Defendant.

[Grounds for Recognition: Each entry in Evidence A, Nos. 1, 2, 15, and 16, and the purport of the whole pleadings]

2. According to the above facts of recognition, the provisional registration of this case is the defendant.

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