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(영문) 수원지방법원성남지원 2020.04.29 2018가단229754
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On February 8, 2006, with respect to the land E and the land owned by Gwangju City, the land owned by F, the land and the land building among G roads, and G roads, the ownership transfer registration for each transaction was completed in sequence on August 7, 2009, and the remaining F was completed on August 7, 2009 by Defendant B immediately from August 7, 2009.

B. Meanwhile, the instant land stated in the purport of the claim was registered for the ownership transfer in Defendant B, and the ownership transfer registration was made on November 17, 2009.

C. On May 4, 2010, Defendant B prepared a statement of performance (Evidence A2) stating that he/she shall transfer the ownership portion of 29.7 square meters, which was not purchased, to the Plaintiff without any condition, from among the instant site 508 square meters and that he/she shall bear the expenses incurred prior to the transfer, and the said statement of performance is accompanied by the Defendant B’s seal impression affixed thereon, and the same day is issued.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 4, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B asserted that, prior to the determination of the cause of the claim, Nonparty B prepared and executed the statement of performance (Evidence A No. 2) without his own permission, but it is recognized that the seal affixed to the above statement of performance is one’s own, which is presumed to have been genuine, and there is no evidence to reverse it and recognize the forgery of I.

Therefore, Defendant B is obligated to transfer ownership of approximately 29.7 square meters among the instant land to the Plaintiff pursuant to the above performance memorandum. As a result of the Plaintiff’s assertion and the commission of survey appraisal by this court, Defendant B’s assertion and the above 29.7 square meters of the attached sheet are as follows: 6, 7, 8, 9, 10, 11 and 12.

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