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(영문) 청주지방법원충주지원 2017.11.29 2017가단21254
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Assertion and determination

A. The plaintiff's assertion is the owner of each real estate of this case, and the defendant is the spouse of the plaintiff.

The Plaintiff issued the Plaintiff’s seal impression on the ground that the Defendant dealt with the issue of collateral security established on each real estate of this case.

However, the Defendant visited C/C office with the Plaintiff’s seal imprint and received a certificate under the Plaintiff’s name without the Plaintiff’s consent, and completed the provisional registration of each of the instant real estate using the seal imprint and the certificate of seal imprint.

Therefore, since each of the provisional registrations of this case is null and void, the defendant is obligated to implement the procedure for cancellation registration of each of the above provisional registrations to the plaintiff.

B. Determination 1) In the event a registration of real estate has been completed, the registration is presumed to have been lawful and to have been made public in a true state of rights. Thus, in light of the above legal principles, the plaintiff is responsible to prove the opposing facts to reverse the presumption. 2) In the following circumstances, the plaintiff's certificate of personal seal impression used to complete each of the provisional registration of this case was stated as being directly issued by C/C office on April 8, 2016, when the plaintiff entered into a contract for sale and purchase and the office which is the cause of each of the provisional registration of this case. The plaintiff affixed the plaintiff's seal impression on the plaintiff's letter of delegation on the application for registration of a pre-contract and office for a certified judicial scrivener, and the plaintiff filed a complaint against the defendant for unjust use, forgery of public documents, forgery of private documents, etc., but the plaintiff was not subject to disposition of prosecution due to non-prosecution disposition, and whether the name of the certified judicial scrivener who was entrusted with each of the above provisional registration was confirmed as his name, resident registration number, back registration number, etc.

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