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(영문) 서울고등법원 2015.08.19 2013나68582
소유권말소등기등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Application for registration of cancellation of ownership transfer;

A. Determination 1 as to the cause of claim 1) The Plaintiff’s assertion is based on the real estate recorded in the separate sheet in the name of the Plaintiff (hereinafter “instant real estate”).

As to Defendant B, after forging a delegation contract under the Plaintiff’s name and completing the registration of ownership transfer under Defendant C’s name, Defendant C again completed the registration of ownership transfer. Accordingly, the Defendants asserted that the registration of ownership transfer under the Defendants’ name should be cancelled as invalid registration. Accordingly, the Defendants signed the Plaintiff’s seal impression on the delegation letter as to the division of property and the power letter as to the sale of real estate in blank, and concluded the exclusive sale contract under Defendant B’s name with the Plaintiff’s seal impression affixed, and accordingly, the registration of ownership transfer under Defendant B’s name was completed lawfully on the basis of the above agreement, and the registration of ownership transfer under Defendant C’s name was completed lawfully on the basis of the above agreement, and the registration of ownership transfer was completed on the basis of Defendant B’s signature transfer under Defendant B’s name was completed on February 18, 2009 as 305 on April 1, 2009, with the Plaintiff’s certificate No. 1301, Mar. 16, 2019>

C) Defendant B, on December 17, 2014, suspended the execution of imprisonment with prison labor for six months for the crime of forging private documents in the Chuncheon District Court (No. 2013No518).

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