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(영문) 수원지방법원 평택지원 2018.09.13 2017가단60091
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 2, 1981, the Plaintiff completed the registration of transfer of ownership on the ground of sale on March 27, 1981 with respect to the land of Pyeongtaek-si E, 2,172 square meters and F 1,97 square meters (hereinafter “each of the instant real estate”).

B. On December 31, 1997, the Plaintiff completed the registration of creation of a mortgage on the grounds of the contract to establish a mortgage with the Industrial Bank of Korea, the Industrial Bank of Korea, the debtor G Co., Ltd. (hereinafter “Nonindicted Company”), and the maximum debt amount of KRW 100 million.

C. Defendant B completed the registration of ownership transfer on November 20, 2003 with respect to each real estate of this case on December 5, 2003.

(hereinafter “instant transfer registration”) D.

On May 2, 2008, Defendant B (hereinafter “Defendant C”) completed the registration of creation of a mortgage on the ground of a contract establishing the same day with the obligor B and the maximum debt amount of KRW 390 million with respect to each of the instant real estate to the Defendant C Association (hereinafter “Defendant C”).

(hereinafter referred to as “the registration of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation

2. Summary of the parties' arguments

A. The Plaintiff left the U.S. on October 18, 1999 and visited the Republic of Korea for 18 years until entering the Republic of Korea on June 8, 2017. The Plaintiff held the original copy of the registration right of each real estate of this case, the Plaintiff’s resident registration certificate, and the certificate of seal impression, and Defendant B was unable to obtain documents from the seller (Plaintiff) necessary for filing an application for ownership transfer registration, and there was no lack of delegation of the duties to sell each real estate of this case to H.

Therefore, the registration of transfer of ownership in the name of Defendant B, which was made in the name of Defendant B without permission of Plaintiff B, shall be cancelled as the registration of invalidation of the cause, and the registration of transfer of ownership in the name of Defendant C, which was made based on such registration, shall

B. Defendant B’s second son was an employee of the non-party company operated by Defendant B.

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