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(영문) 대구지방법원서부지원 2014.11.13 2013가단19827
소유권이전등기 말소등기절차이행등 청구
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B shall be the vice-branch of the Daegu District Court.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1 to 9 (including the whole number).

On May 28, 2013, C and D, the Plaintiff’s birth, sold to Defendant B each of the real estate listed in the separate sheet (hereinafter “instant real estate”) registered as owned by the Plaintiff without the Plaintiff’s permission, and on the same day, completed each of the instant real estate transfer registration (hereinafter “instant ownership transfer registration”) with respect to Defendant B under Article 8725 of the receipt of the Sung-gu District Court’s Sung Branch Branch Branch Branch Registry of Seogu District Court.

B. On May 28, 2013, the date of the conclusion of the instant sales contract, Defendant Seowon Saemaul Fund entered into a mortgage and superficies contract with Defendant B on the instant real estate. On the same day, the registration of creation of each of the neighboring mortgages (hereinafter “the registration of creation of neighboring superficies”) was completed under No. 8726 on the receipt of the Sung-gu District Court’s Sung Branch Branch Branch Office, and each of the registration of creation of superficies (hereinafter “registration of creation of superficies”) under No. 8727 on the receipt of the same registry office.

2. According to the above facts finding as to the cause of the claim, since the registration of transfer of ownership in the name of Defendant B was invalidated by forging documents in the name of the Plaintiff without any legitimate authority, Defendant B is obligated to perform the procedure for registration of cancellation of transfer of ownership in this case, and as long as the registration of creation of ownership in the name of Defendant C and D was based on the registration of transfer of ownership in this case, the registration of establishment of ownership in the name of Defendant C and D, and the registration of creation of superficies in this case is invalid, the registration of establishment of ownership in the name of Defendant C and C is invalid. Thus, Defendant C and C are obligated to perform the procedure for registration of cancellation of the registration

3. Judgment on the defendants' assertion

A. The instant sales contract was asserted.

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