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(영문) 제주지방법원 2017.05.12 2015가단17981
소유권이전등기 말소
Text

1. The Defendant: (a) on August 13, 2013, the Seopopo District Court, Seopo District Court, Seopo District Court, Seopo District Court, Seopo District Court, Seopo-si, Seopo-si, the Plaintiff.

Reasons

1. The Plaintiff owned the land of 2,612 square meters of C Forest C in Seopopo-si (hereinafter “instant land”). On August 13, 2013, Seopo-si District Court Seopo-si Office of Seopo-Mapo-si (No. 34181) received on August 13, 2013, the ownership transfer registration was completed under the Defendant’s name (hereinafter “instant ownership transfer registration”) on the ground of donation on August 8, 2013.

2. The party's assertion

A. The Plaintiff did not have donated the instant land to the Defendant. Since the Plaintiff completed the registration of ownership transfer on the basis of a document of confirmation, etc. unlawfully prepared by the Defendant, the registration of ownership transfer in this case shall be cancelled as invalid.

B. Since the Plaintiff donated the instant land to the Defendant, the ownership transfer registration of this case is legitimate registration consistent with the substantive relationship.

3. Determination

A. The plaintiff was a Korean national residing in Japan and was in Japan at the time of the transfer registration of ownership in this case.

On July 5, 2013, the Plaintiff: (a) prepared each letter of delegation for disposal (Evidence 5-1, 2), letter of delegation for issuance of a certificate of seal impression for real estate sale (Evidence 3), and certificate of seal impression for real estate sale (Evidence 1) with the agent G, and delivered it to G by mail upon confirmation by the official of the Republic of Korea, with the content that the Plaintiff delegated the Defendant’s representative to G with the affairs of selling D, E, and F land and transfer registration of ownership; (b) written a letter of delegation for disposal (Evidence 5-1, 2).

G reported the Plaintiff’s seal impression at the H office on July 12, 2013, and was issued three copies of the Plaintiff’s seal impression (two copies for real estate sale and one copy for general use) on August 8, 2013.

The land D, E, and F (hereinafter referred to as the “land to be sold in this case”) was sold by G on August 8, 2013 to I and J on August 13, 2013 and the registration of ownership transfer was completed in the future of I and J on August 13, 2013.

[Ground of recognition] A without dispute, Gap evidence 1, 3, Gap evidence 5-1, 2, Eul evidence 6-1-10, Eul evidence 4, Eul evidence 5-1-3, the court H and Jeju Immigration Office's fact inquiry results, and the whole purport of the arguments.

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