소유권이전등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Each of the following facts, premised on the premise, may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 4, and 5:
Attached Form
The original husband C owned each real estate with indication (hereinafter “instant real estate”).
B. On April 29, 2011, the Defendant: (a) received the Seodaemun District Court’s Seodaemun District Court’s receipt of the Seodaemun District Court registry; (b) filed the ownership transfer registration based on the purchase and sale of the Defendant’s name on March 30, 201 (hereinafter “instant transfer registration”).
C. C died on September 10, 201.
2. The assertion and judgment
A. The Plaintiff’s assertion (1) The Defendant, without any legal authority, arbitrarily prepared the instant sales contract and all other documents necessary for the transfer registration without any legal authority, and completed the instant transfer registration.
(2) However, on October 8, 1997, the Plaintiff already donated the instant real estate from Go C (hereinafter “the Plaintiff”) and acquired the ownership thereof.
(3) Therefore, the Defendant is obliged to cancel the registration of transfer of this case completed without any substantive right to the Plaintiff, who is the owner of the instant real estate.
B. (1) As examined in the above 1. paragraph, the registration of the instant real estate was completed in the Defendant’s future before the deceased person’s death, which is presumed to be a legitimate registration.
(2) Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 3, 6, 8, 12, and Eul evidence Nos. 1 through 8, the fact that on October 8, 1997, the senior granted the plaintiff a right to dispose of all real estate owned by the senior person, the senior DNA was the representative of Eul, the defendant was involved in the fund management of the place as a director of the same corporation, the defendant applied for the issuance of the senior personal seal impression on April 29, 201, and the defendant presented a letter of delegation with the senior personal seal impression affixed even after the senior's death to change the phone name.