(영문) 서울북부지방법원 2017.11.28 2017가단10036

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(영문) 서울북부지방법원 2017.11.28 2017가단10036

소유권이전등기말소등기

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On December 20, 1971, C, and D completed the registration of transfer of ownership of each of the real estate listed in the separate sheet No. 1 (hereinafter “instant land”) and the Defendant completed the registration of transfer of ownership of the entire share as the receipt No. 7611 of August 1, 2013, on the ground of sale and purchase as of July 17, 2013.

B. As to each real estate listed in the separate sheet Nos. 2 and 3, E completed the registration of initial ownership on May 24, 199, and F completed the registration of ownership transfer on the same day as that of sale and purchase on February 27, 2006. The Defendant completed the registration of ownership transfer on June 19, 2012 as the receipt 7576 on June 19, 2012.

C. The registration of initial ownership was completed on April 15, 2009 with respect to each real estate listed in the separate sheet Nos. 4 and 5. The Defendant completed the registration of initial ownership on April 15, 2009, with the claimed amount of KRW 558 million as the Seoul Northern District Court Decision 201Kadan7466 on December 1, 201, and completed the registration of ownership transfer on the ground of sale as of June 13, 2012 (hereinafter “instant provisional attachment order”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff (Appointed Party)'s assertion and the remaining designated parties (hereinafter "the plaintiff et al.") constructed each real estate listed in paragraphs 2 through 5 of the attached Table Nos. 2 to the land of this case (hereinafter "the building of this case") on the land of this case and the H's total origin was known to F (No. g., the plaintiff et al.). Thus, although the defendant did not make a donation to F or lend money to F, the plaintiff et al. completed the registration of ownership transfer in the name of the defendant as to the building of this case after he was issued a provisional attachment decision by forging the receipt, and completed the registration of ownership transfer in the name of the defendant.

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