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(영문) 울산지방법원 2018.03.29 2017나23691
부동산등기말소무효확인 및 손해배상
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for partial revision of the judgment of the first instance as follows.

On the second page of the judgment of the first instance court, the "Nos. 1 through 4" in the 17th written judgment shall be "No. 20, No. 1 to 4".

(2) From No. 20 to No. 3, No. 20 of the judgment of the first instance court, the part indicated in paragraph (2) is as follows: “B The Defendant and the non-party company filed a lawsuit against the Plaintiff seeking cancellation of the registration of initial ownership relating to the building of this case (Ulsan District Court 2009Gahap7461). The Ulsan District Court dismissed the Defendant’s lawsuit and rendered a judgment accepting the claim of the non-party company; and on October 21, 2014, the Defendant filed a lawsuit against the non-party company (Ulsan District Court 2014Gahap2514) against the non-party company, “The non-party company removes the building of this case by December 31, 2014.”

(3) On the third side of the judgment of the first instance court, the Plaintiff filed a complaint against the Defendant, etc. on the ground that the Defendant and the Certified Judicial Scriveners did not obtain delegation from the non-party company, thereby forging the power of attorney of the non-party company and preparing and submitting to the registry the documents for application for ownership transfer registration of the building of this case. The Plaintiff added “a disposition taken as suspicion on November 16, 2017.”

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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