(영문) 창원지방법원 거창지원 2018.10.23 2018가단10895

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(영문) 창원지방법원 거창지원 2018.10.23 2018가단10895

소유권말소등기

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 14, 1969, the Plaintiff completed the registration of ownership transfer with respect to 1,008 square meters (hereinafter “instant land”).

B. On June 25, 1985, Defendant C completed the registration of ownership transfer on March 23, 1985 with respect to the instant land and the instant land E, 2,298 square meters, and 790 square meters (hereinafter “the combination of the instant E land and F land”) with respect to the land adjacent to the instant case. C. The sale certificate attached to the registration certificate issued by Defendant C (A evidence 1-2) shall be sold by the Plaintiff to Defendant C by selling the instant land and adjacent land.

"....." The seller's name is written, and the seal of the plaintiff is affixed to the seller's name.

Defendant B, the wife of Defendant C’s birth G, completed the registration of ownership transfer based on sale on December 16, 1998 with respect to the instant land on December 24, 1998.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, Eul evidence 1 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. After the Plaintiff’s assertion purchased the instant land, the Plaintiff occupied and sold the instant adjacent land to Defendant C on March 23, 1995, and did not sell the instant land. However, Defendant C completed the registration of ownership transfer on the instant land without any entry into a sales contract by using a certificate of personal seal impression and a certificate of personal seal impression for real estate sale, which was acquired by the Plaintiff. The registration of ownership transfer in the name of Defendant C is null and void because there is no ground for registration of ownership transfer, and the registration of ownership transfer in the name of Defendant C should also be cancelled.

(b) Where it is recognized that the seal stamped on a sheet is a stamped seal by the seal affixed to the seal affixed to the name of the person in whose name the seal is affixed, the establishment of that seal shall be presumed to have been made based on the will of the person in whose name the seal is written, except in extenuating circumstances

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