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(영문) 수원고등법원 2019.08.28 2019나11087

매매대금

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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

Basic Facts

A. On May 11, 2001, the registration of ownership transfer was completed in the name of the defendant on the grounds of “transaction on May 10, 2001” with respect to each land listed in the separate sheet Nos. 1 and 2, which was owned by the plaintiff. Accordingly, the registration of ownership transfer in the name of the defendant was completed on June 11, 2001 with respect to the land listed in the separate sheet No. 1, G and H (each 1/2 shares), and the ownership transfer registration in the name of J (each 1/2 shares) with respect to the land listed in the separate sheet No. 2 in the separate sheet No. 3, which was owned by the plaintiff. Meanwhile, with respect to the land listed in the separate sheet No. 3, which was owned by the plaintiff, on June 8, 2007, the registration of ownership transfer was completed on the grounds of “transfer agreement on April 18, 2001.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 12, 16, and Eul evidence Nos. 6 (including each number if there are serial numbers), and the purport of the whole pleadings, each of the registration of ownership transfer under the defendant's name concerning each of the lands of this case (hereinafter "each of the lands of this case") is registration of invalidity of cause, since there is no cause, or there is no false conspiracy, false conspiracy, or contrary to good morals and other social order.

Therefore, the Defendant, as the owner of each of the instant lands, is obligated to implement each procedure for the registration of ownership transfer for each of the instant lands based on the restoration of real name.

Judgment

1) Where the registration of ownership transfer is completed with respect to real estate, not only the third party but also the former owner is presumed to have acquired ownership based on legitimate grounds for registration (see, e.g., Supreme Court Decision 2010Da7504, 75051, Jan. 10, 2013). Meanwhile, a claim for the registration of ownership transfer based on the restoration of real name must be filed against the current registered titleholder (see, e.g., Supreme Court en banc Decision 99Da37894, Sept. 20, 201).