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(영문) 서울중앙지방법원 2018.03.08 2017가단5051804
소유권말소등기
Text

1. As to the real estate stated in the separate sheet to the plaintiffs:

A. Defendant C is the registry office of the Seoul Central District Court on March 2009.

Reasons

1. Facts of recognition;

A. H is the mother of the plaintiffs, Defendant E is the mother of H, and Defendant C and Defendant D are married couple.

B. H married with I on August 12, 1995 and resulted in the Plaintiffs. However, while divorced with I on June 5, 1998, H did not raise the Plaintiffs.

C. H purchased real estate listed in the separate sheet (hereinafter “instant real estate”) on November 21, 2006 and completed the registration of ownership transfer in its name on December 20, 206.

H died on April 13, 2008.

Defendant E, upon the death of H, consulted with his husband as to the disposal of the instant real estate, which is the inherited property, with the attorney at law and the husband of Defendant C.

E. Upon delegation from Defendant E and J, as if H sold the instant real estate to Defendant C before his birth, the sales contract was forged on December 5, 2007 with the sales contract amounting to KRW 160,00,00 for the seller’s H, buyer C, purchase price of KRW 160,00,00. Using the forged sales contract, the Seoul Central District Court completed the registration of ownership transfer under Defendant C’s name as the receipt date of March 17, 2009 by using the forged sales contract.

F. After that, Defendant E completed the registration of ownership transfer for the instant real estate as of June 29, 2010 (No. 32538 of the same registry office received on June 29, 2010) and as of June 10, 2010. At the time, Defendant E and the Defendant completed the registration of ownership transfer for the purpose of completing the registration of ownership transfer under Defendant E’s name.

G. As to the instant real estate, Defendant F completed the registration of transfer of ownership on the ground of sale as of February 26, 2013, which was received on January 28, 2013 from the same registry office, as of January 28, 2013, and Defendant G completed the registration of transfer of ownership on September 5, 2015, as of September 30, 2015, as of September 30, 2015, as of September 5, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 26, purport of whole pleadings

2. According to the above facts of recognition, the above facts of recognition are as follows: Defendant C's name on the instant real estate.

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