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(영문) 서울북부지방법원 2016.12.08 2016가합1032
소유권이전등기말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s real estate indicated in the attached list of the Plaintiff’s assertion (hereinafter “instant real estate”) is originally owned by the network C, and the network C, even though there was no fact that the instant real estate was disposed of, on May 8, 2012, completed the registration of ownership transfer to the Defendant on January 21, 2012 due to sale and purchase on the instant real estate. As such, the registration of invalidity is the registration of invalidation, one of the deceased C’s co-inheritors filed the instant lawsuit by preservation.

2. The defendant's judgment on the defense prior to the merits was deemed to have appointed an attorney without the plaintiff's legitimate permission and brought the lawsuit of this case. Thus, the plaintiff requested the plaintiff to prove the delegation of the power of attorney.

However, the plaintiff does not submit any material concerning the delegation of the power of attorney. Ultimately, the lawsuit of this case is deemed to have been instituted without the delegation of the power of attorney, and is unlawful.

3. It is so decided as per Disposition by the assent of all participating Justices who reviewed the instant lawsuit.

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