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(영문) 서울중앙지방법원 2015.05.08 2014가단5115547
소유권이전등기말소등(예고등기)
Text

1. As to each land listed in the separate sheet, to the Plaintiff

A. Defendant B and C shall have machinery such as the Suwon District Court’s Branch Branch Branch.

Reasons

1. The summary of the case is as follows: (a) as if the relevant documents, etc. were forged as to each land listed in the separate sheet owned by the Plaintiff (hereinafter “each land of this case”) and delegated the right to sell them from the Plaintiff, and (b) sold them to the Defendant B and C, and completed the registration of ownership transfer; and (c) Defendant Woori Bank created the right to collateral security on each land of this case based thereon.

The Plaintiff asserted that the registration of ownership transfer of the Defendants or the registration of the establishment of a neighboring mortgage is invalid, and filed the instant lawsuit seeking the cancellation thereof.

The defendants argued that the plaintiff cannot respond to the plaintiff's claim because the plaintiff is responsible for D's act in accordance with the legal principles of expression representation under the Civil Act.

[Ground for Recognition: Facts without dispute, Gap evidence 19, purport of the whole pleadings]

2. The judgment D on the cause of the Plaintiff’s claim presumed that each of the instant lands owned by the Plaintiff forged relevant documents, such as the Plaintiff’s seal imprint certificate and power of attorney, and sold them to Defendant B and C on March 7, 2014 (the instant sales contract) and completed the registration of ownership transfer, such as the written order, on the same day. The Defendant Bank completed the registration of ownership transfer on each of the instant lands on the same day.

[Ground of Recognition: The facts without dispute, Gap evidence 19, the purport of the whole pleadings] If so, the above transfer of ownership and the registration of establishment of a neighboring mortgage are invalid. Thus, the plaintiff is obligated to implement the registration procedure for the above transfer of ownership, the defendant Eul and C, and the defendant Han Bank is obligated to implement the registration procedure for the cancellation of the registration

3. Determination as to the defendants' defense

A. The defendants defense that the plaintiff is responsible for the above acts of D in accordance with Article 126 of the Civil Code.

B. Article 126 of the Civil Code provides that the third party is authorized where the agent performs a legal act other than his authority.

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