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(영문) 창원지방법원 2016.06.17 2015가단79808
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 26, 2003, the Plaintiff completed the registration of ownership transfer concerning each building listed in the separate sheet (hereinafter “instant building”).

B. On October 23, 2003, the Defendant entered into a contract to purchase the instant building with C who represented the Plaintiff, and completed the registration of ownership transfer stated in the purport of the claim regarding the instant building on November 18, 2003.

[Reasons for Recognition] No dispute, Gap 1-1, 1-2, Eul 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The registration of transfer of ownership in the name of the defendant, which is the cause of the plaintiff, was completed by C pursuant to the sales contract concluded with the defendant on behalf of the plaintiff, and the sales contract is not authorized to represent the plaintiff, and constitutes an act of unauthorized Representation, and also is authorized to represent the plaintiff to domestic affairs C.

Even if it comes to the false indication that C and the plaintiff conspired, the registration of transfer of ownership in the name of the defendant is null and void.

B. First of all, the judgment is presumed to have been lawfully completed for the registration of ownership transfer under the name of the defendant, so the plaintiff who asserts that the registration is null and void must prove that he/she had no authority to represent the plaintiff.

However, even after examining all the evidence submitted by the Plaintiff, such facts cannot be recognized.

In addition, it is difficult to view that the sales contract, which served as the ground for registration, constitutes a false representation that has been conspired only with the statement of Gap 5, Eul 2-1 to 2-4.

3. Therefore, we cannot accept the Plaintiff’s claim.

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