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(영문) 서울중앙지방법원 2016.08.19 2015가단5137513

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Upon the death of C on August 30, 1950, the head of C, the Plaintiff, a South-North Korea, was succeeded to KRW 1,654,00 on his own, as C died.

Since then, each land listed in the attached list was divided from the above D land.

B. The registration of ownership transfer was completed on October 14, 1987, No. 33652, Oct. 14, 1987, with respect to the real estate No. 1 listed in the attached list No. 1 under the name of Suwon District Court, the Dongwon District Court, the Dongwon District Court, the Dongwon District Court, the Dongwon District Court, the Dongwon District Court, as to the real estate No. 2 listed in the attached list No. 59634, Nov. 15, 1995, and the registration of ownership transfer was completed on November 14, 1995.

(Attachment List hereinafter referred to as "each land of this case").

Since then, the registration of transfer of ownership was completed on January 15, 2013 under the name of the defendant with respect to each of the land of this case, the Suwon District Court of Suwon as the receipt of No. 6176 on January 14, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 9 through 11 (including each number), the purport of the whole pleadings

2. Determination

A. On the ground that the Plaintiff’s assertion E keeps the Plaintiff’s seal imprint registration in custody, the registration of ownership transfer is completed with respect to each of the instant land by forging documents related to the registration, such as a sales contract, with respect to each of the instant land, and thus, the registration of ownership transfer in the name of E is null and void. Therefore, the registration of ownership transfer in the name of the Defendant, which is based on the registration of invalidity, is null and void.

B. In the event that one ownership transfer registration has been completed, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration. Therefore, in order for the former owner to deny it and to seek the cancellation of the ownership transfer registration by claiming the invalidity of grounds for registration, the reason for invalidation is the same.