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(영문) 대구지방법원영덕지원 2015.11.10 2014가단2377

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the instant land, Defendant B completed the registration of ownership transfer on the ground of sale on March 20, 1976 as the receipt No. 1465, which was received on April 8, 1976 by the Daegu District Court Young-gu District Court (Seoul District Court).

B. As to the instant land, the Defendant C completed the provisional registration of the right to claim the transfer of ownership on the ground of a pre-sale on September 27, 1999 with the Daegu District Court (Seoul District Court Decision 10056, Nov. 16, 1999) as to the instant land, and completed the registration of ownership transfer on the ground of sale on October 28, 200 with the receipt No. 9877, Dec. 1, 2000, the Daegu District Court (Seoul District Court) as the receipt on December 1, 2000.

C. In the forestry book for the land of this case, E acquired the ownership of the land of this case, and transferred the ownership to F in around 1974, and Defendant B acquired the ownership on April 8, 1976, and Defendant C again obtained the ownership transfer on December 1, 200.

[Ground of recognition] Facts without dispute, Gap 3, 7, 8, Eul 1, 2 and 3 (including additional numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. On August 12, 1947, G, the Plaintiff’s assertion, purchased from H the lower 2/3 of the instant land.

G and E (the next 1/3 owners) shared the instant land, but E in collusion with F and Defendant B by taking advantage of the facts indicated as the sole ownership in the forestry book, and transferred ownership in F and Defendant B.

Therefore, the ownership transfer registration in the name of Defendant B as to the land of this case is an invalidation of the cause, and the provisional registration in the name of Defendant C and the ownership transfer registration are also invalid.

Ultimately, the Defendants are obligated to perform the procedure for cancellation registration of each of the above registrations to the Plaintiff, who is the heir of G.

(b)if the registration of ownership transfer has been made on the register of the judgment real estate, it shall be presumed that the procedure and cause for such transfer are justified, and the party asserting the procedure and cause for such transfer shall be liable to prove it; or