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(영문) 대구지방법원포항지원 2015.09.03 2015가단2155
소유권이전등기말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s right relationship with real estate 1) On March 10, 2006, the real estate listed in the separate sheet (hereinafter “instant real estate”).

2) On March 16, 201, D completed the registration of ownership transfer concerning the instant real estate on March 16, 201, and D completed the registration of ownership transfer (hereinafter “registration of creation of mortgage of this case”). D completed on March 16, 201, the registration of the establishment of mortgage of the Plaintiff, the debtor, and the mortgagee E (hereinafter “registration of creation of mortgage of

3) On February 16, 2012 upon the application of E, the decision to voluntarily commence the auction of the instant real estate was rendered. At the auction procedure, Defendant B received the instant real estate auction on October 10, 2012 and received the same date as the Daegu District Court Port Branch Branch Support, and filed the registration of transfer of ownership (hereinafter “registration of transfer of title 1 of this case”).

Upon completion of the contract, Defendant B shall complete the same day (hereinafter referred to as the “Defendant Port Livestock Cooperative”).

(4) On December 8, 2014, Defendant B sold the instant real estate to Defendant C on the same day as the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter “instant Second Ownership Transfer”).

B. A criminal judgment 1) D was sentenced six months to imprisonment with prison labor for the following reasons: (a) the confirmation documents in the name of the Plaintiff, power of attorney, loan money, certificate of establishing a mortgage contract in the name of the Plaintiff; (b) the forgery of a false document; (c) the use of a false document; (d) the use of a false document; (d) the use of a false statement in public electronic records; (e) the use of a false statement in public electronic records; and (e) the use of a false statement in public electronic records; and (e) the use of a false statement in public electronic records; and (e) the use of a false statement in public electronic records (hereinafter “instant criminal judgment”).

(2) D) The instant criminal judgment appealed to the Suwon District Court (2015No1) on the grounds of unreasonable sentencing, but on April 17, 2015, D appealed from the said court.

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