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(영문) 인천지방법원 부천지원 2018.11.08 2018재가단22
매매대금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Final and conclusive judgments subject to retrial;

A. On August 20, 2015, the registration of ownership transfer was completed in the Defendant’s future on the ground of the same day sales contract (hereinafter “instant sales contract”) No. 110767, which was received on August 20, 2015 by the Incheon District Court Branch Branch for the real estate listed in the attached list owned by the Plaintiff.

B. Accordingly, the Plaintiff filed a lawsuit against the Defendant as Busan District Court Branch Decision 2016Da101541, and concluded the instant sales contract on behalf of the Plaintiff, even though an authorized brokerage assistant F was not authorized to act for the Plaintiff, the registration of transfer of ownership in the name of the Defendant should be cancelled. Moreover, the Plaintiff filed a preliminary claim for payment of KRW 117,00,000, which is part of the price of the instant sales contract. On December 14, 2016, the said court rendered a judgment that “F was granted the right of representation for the conclusion of the instant sales contract, and dismissed the Plaintiff’s primary claim and dismissed the Plaintiff’s primary claim, and with respect to the preliminary claim, the Defendant deducted KRW 107,00,000 paid to F by the Defendant, and the Defendant paid the Plaintiff KRW 10,000,000,000 and damages for delay.”

C. The above judgment became final and conclusive on January 10, 2017 because the Plaintiff and the Defendant did not appeal.

(hereinafter referred to as “the judgment subject to review of this case”). [The grounds for recognition] The fact that is significant or obvious to record in this court.

2. Determination on the legitimacy of the litigation for retrial of this case

A. On May 10, 2018, the Plaintiff’s assertion verified the Plaintiff’s certificate of the Plaintiff’s personal seal impression for real estate sale as of August 20, 2015, which was issued by the Plaintiff after inspecting the application form for registration of ownership transfer in the name of the Defendant on the real estate stated in the separate sheet, and became aware that the Defendant, not the “J” that F known the purchaser as the purchaser, was indicated as the purchaser, and that the Defendant’s back 7 forms among the Defendant’s resident registration numbers are public pages.

Therefore, the above certificate of personal seal impression was forged and thus subject to review of this case.

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