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(영문) 서울북부지방법원 2015.03.17 2014나3274
소유권이전등기말소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. Basic facts

A. The Plaintiff was not in a relationship between the Defendant’s mother and C, but has been fostering C from 1967 to her mother.

B. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration was completed on October 15, 2001 under the name of C on December 21, 2001, due to the sale and purchase as of October 15, 2001. The Plaintiff obtained a provisional attachment decision of KRW 70 million on April 25, 2006 (Seoul Northern District Court 2006Kadan2605) and completed the provisional attachment registration on April 28, 2006.

C. On October 23, 2006, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on the ground of sale as of September 25, 2006, and on October 27, 2006, the registration of provisional seizure was cancelled.

However, with respect to the instant real estate, the registration for the transfer of ownership under the name of the Defendant (hereinafter “instant registration for transfer of ownership”) was completed as of December 20, 2012 on the ground of the donation made on December 14, 2012 by the Seoul Northern District Court, Dobong District Court (Seoul Northern District Court) No. 83594, Dec. 20, 2012; and on March 11, 2013, the registration for the establishment of a mortgage under the name of the Dobong Saemaeul Community Depository (C’s former spouse) was revoked on February 24, 2014.

E. On February 24, 2014, the Defendant completed the registration of share ownership transfer as to each of the shares of 1/3 shares in the name of the Intervenor joining the Defendant, on the ground that the Dobong Branch of Seoul Northern District Court received the Dobong Branch of the District Court from 10484 to December 30, 2013 as to the instant real estate.

F. C is the facts charged that, on October 31, 2014, the real estate donation contract and power of delegation under the Plaintiff’s name were forged and exercised by this Court Decision 2014No3733, Oct. 31, 2014; and that, upon completing the registration of ownership transfer under the Defendant’s name on the ground of donation from December 14, 2012, the registration of ownership transfer of the instant real estate was completed by making a false report to the public official, and entered and exercised false facts in the land register

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