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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the Plaintiff. The registration of ownership transfer was completed on May 18, 2005 on the ground of sale and purchase as of April 18, 2005.
B. The Plaintiff asserted against the Defendant that “the Plaintiff did not have entered into a sales contract on the instant real estate with the Defendant, and did not delegate the authority to enter into a sales contract on behalf of the Plaintiff to C, and that the Defendant completed the registration of ownership transfer as above with the approval seal affixed on the sales contract.” The Plaintiff filed a lawsuit for confirmation of ownership transfer on the instant real estate by asserting that “the registration of ownership transfer under the Defendant’s name is null and void.” However, on May 8, 2014, the Plaintiff was sentenced to a judgment dismissing the Plaintiff’s claim (Seoul Western District Court 2014Da8625), and the Plaintiff’s appeal and appeal against it were dismissed (Seoul Western District Court 2014Na3270, Supreme Court 2015Da1120).
(hereinafter referred to as "related final and conclusive judgment"). [Grounds for recognition] The fact that there is no dispute, Gap evidence 2, 4, Eul evidence 19 (including branch numbers, if any), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff, as the owner of the real estate indicated in the separate sheet, has neither entered into a sales contract with anyone nor received the sales price. The Plaintiff’s father and wife, real estate broker, and Defendant, without any authority, forged a sales contract (Evidence A1) and completed the registration of ownership transfer in the name of the Defendant on May 18, 2005. The registration of ownership transfer in the name of the Defendant as to the real estate indicated in the separate sheet is null and void.
Therefore, the real estate stated in the attached Form is owned by the plaintiff, and the defendant does not have the right to possess it, and it must be delivered to the plaintiff
On the other hand, the plaintiff filed a lawsuit against the defendant for confirmation of ownership, but without specifying the approval seal contract in the pleading, and filed a request for cancellation of another registration.