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(영문) 전주지방법원 2015.04.17 2013가합6819
소유권이전등기말소 등
Text

1. As to the Plaintiff with respect to the 8,149 square meters of Yansan-gu Seoul Special Metropolitan City, Jeonju-si:

A. Defendant B is charged with an all-round indictment of the Jeonju District Court.

Reasons

1. Basic facts

A. The land acquired by the State on June 19, 1929 in Yansan-gu Seoul Special Metropolitan City (hereinafter “the instant forest”) is the land acquired by D on June 19, 1929, and thereafter the registration of ownership preservation was completed in E and F as the grandchildren of D on December 20, 1971. On August 12, 1981, the former Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”) was completed on October 9, 1972 by the Plaintiff’s ownership transfer registration was completed on the ground of donation on October 9, 1972.

B. G, H, and I forged the rules under the Plaintiff’s name, accompanied by a false list of the names of the members of the Plaintiff, and forged the resolution of July 13, 2013 in the name of the Plaintiff to sell the instant forest to Defendant B after appointing G as the Plaintiff’s representative, and using the resolution, entered into a sales contract on the instant forest with Defendant B on July 15, 2013, and completed the registration of ownership transfer on the ground of sale on July 15, 2013, under the name of the Plaintiff. Defendant B, who was charged with the all-round District Court on August 26, 2013, as the receipt No. 71081, August 26, 2013.

C. After that, Defendant B obtained a loan from Defendant Boan Fisheries Cooperatives (hereinafter “Defendant Association”) as collateral for the instant forest, and completed the registration of creation of superficies (No. 78673) that was received on September 16, 2013, which was received on September 16, 2013 by the Jeonju District Court Decision No. 78672, Sept. 16, 2013, and the registration of creation of superficies (No. 78673, Sept. 16, 2013) with respect to the instant forest.

Around September 26, 2013, the Plaintiff’s representative filed a complaint with an investigative agency on the criminal facts, etc. that Defendant B had completed the registration of ownership transfer of the forest of this case by forging a trade resolution, etc. as seen above. The case is still under the suspension of prosecution due to the unknown whereabouts of G, etc.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 6, 12, Eul evidence Nos. 1 through 3.

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