(영문) 인천지방법원 2014.11.12 2013가단53181

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(영문) 인천지방법원 2014.11.12 2013가단53181

소유권말소등기등

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1. Defendant B received on March 11, 2013 from the Incheon District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of transfer of ownership in the name of the Plaintiff was completed as of September 10, 1997 by the Incheon District Court No. 83837, Sept. 10, 1997, which was due to the sale as of July 3, 1997.

B. Defendant B completed the registration of transfer of ownership in Defendant B’s name (hereinafter “instant registration of transfer of ownership”) on the instant real estate by submitting relevant documents, such as a letter of delegation, sales contract, certificate of personal seal impression, etc. for the sale of real estate under the Plaintiff’s name, as described in paragraph (1) of the disposition on March 8, 2013.

C. According to the registration of the transfer of ownership in the name of Defendant B, Defendant C completed the registration of the establishment of a chonsegwon, each of which was based on the establishment of a lease on the ground of a contract concluded as of March 8, 2013, with the maximum debt amount of KRW 5 million, which was based on the contract concluded as of March 8, 2013, with the head of 20764, as of March 8, 2013, and with the head of 20765, as of March 8, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings

2. Claim against the defendant B

A. The plaintiff's assertion that the plaintiff's registration of transfer of ownership in the name of the defendant B should be cancelled as the invalid registration of transfer of ownership in the name of the defendant B, since the defendant B forged a power of delegation and a sales contract under the name of the plaintiff and completed the registration of transfer of ownership in the name

B. In the event that the registration of ownership transfer is completed with respect to the judgment real estate, the registrant is presumed to have acquired ownership from the former owner as well as from the third party. Therefore, the fact that the registration is invalid due to the improper procedure and the cause thereof is the burden of proving that the claimant has the burden of proof, but the registration procedure has not run lawfully.

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