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(영문) 서울행정법원 2017.11.24 2017구합4208
인감증명서발급 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 27, 1981, C signed and sealed the pertinent documents, such as preparing the articles of incorporation of the said foundation, in order to establish E, a foundation. On May 7, 1981, C contributed to real estate (hereinafter “instant real estate”) with the size of 3,415 square meters, including 3,415 square meters, which was the real estate owned by the said foundation (hereinafter “instant real estate”). On April 9, 1981, C submitted a certificate of personal seal impression (issuance; hereinafter “the instant certificate of personal seal impression”) under the name of the head of the Defendant-affiliated Dong, in order to verify the authenticity of the seals when submitting the relevant documents, such as the articles of incorporation and the certificate of property contribution.

Since then, C died on May 24, 1981.

B. Some inheritors including the Plaintiff (hereinafter “Plaintiff, etc.”) filed a lawsuit against the said foundation for demanding the performance of the procedure for cancelling the registration of cancellation of ownership transfer registration of the instant real estate under the Seoul Central District Court 201Gahap39804 by asserting that the said foundation’s investment of the instant real estate was null and void, with C having no capacity to express his/her intent. However, on April 20, 2012, upon receiving a ruling of dismissal from the above court, the appeal and appeal were dismissed, and all of the appeals were dismissed.

Seoul High Court Decision 2012Na44602 decided December 20, 2012 and Supreme Court Decision 2013Da9734 Decided May 9, 2013

Plaintiff

Seoul High Court Decision 2012Na44602 Decided December 20, 2012 maintained the first instance court’s decision that dismissed the claim for the performance of the above procedure for cancellation of ownership transfer registration, filed a lawsuit for retrial as Seoul High Court Decision 2014Na17.

In the above retrial proceedings, the Plaintiff et al. filed an application for appraisal, etc. of the official seal impression of B head of Dong affixed the certificate of the instant seal impression, by asserting that the relevant documents, such as a certificate of property contribution under C, and the certificate of the instant seal impression, presented as evidence

As a result of the stamp image appraisal, the appraiser shall do so.

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