(영문) 춘천지방법원원주지원 2016.09.20 2015가단35576

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(영문) 춘천지방법원원주지원 2016.09.20 2015가단35576

소유권말소등기

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1. The Plaintiff:

A. Defendant B is the Chuncheon District Court’s crossed registry with respect to the real estate stated in paragraph 1 of the attached list.

Reasons

1. Basic facts

A. Defendant B is the Plaintiff’s spouse, and Defendant C is the Plaintiff’s children.

B. Defendant B prepared each donation contract (No. 12-1) with the content that the real estate listed in paragraph (1) of the attached Table No. 1 of the Plaintiff’s attached list owned by the Plaintiff (hereinafter “instant real estate”) is donated to Defendant B, and each contract for donation with the content that the real estate listed in paragraph (2) of the attached Table No. 2 of the Plaintiff’s ownership (hereinafter “instant real estate”) is donated to Defendant C, and affixed the Plaintiff’s seal impression on the corresponding column of the respective donation contract and the power of attorney of the application for registration of transfer of ownership.

C. Accordingly, the registration of the transfer of ownership in the name of Defendant B, which was received on March 28, 2014 as of March 28, 2014 as of March 28, 2014, and as of March 28, 2014 as of April 28, 2014, the registration of the creation of a superficies for Defendant B as of April 28, 2014 as the maximum debt amount of KRW 56 million as of April 28, 2014 as of April 28, 2014, and the registration of the establishment of a mortgage as of April 28, 2014 as to the instant real estate as of April 28, 2014 as to the registration of the creation of a superficies for Defendant B as of April 28, 2014 as to the instant real estate as the registration office of the establishment of a mortgage and the maximum debt amount of KRW 36,5333,56,000, Mar. 265.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 6, 7, 8, and 12 (including additional numbers), the inquiry result of this court's cross-satisfy, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is invalid that the registration of transfer of ownership in the name of Defendant B and C was made by forging a document in the name of the Plaintiff. Accordingly, the registration of transfer of ownership in the name of Defendant B and C was completed, and the establishment of a mortgage is registered in the name of

유사 판례

-서울고법 1976. 7. 9. 선고 76나506(본소),76나507(반소) 제11민사부판결

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