소유권이전등기말소등기 등
1. The plaintiff's main claim is dismissed.
2. The defendant shall make the plaintiff 1/11 of each real estate listed in the separate sheet.
Basic Facts
A. The deceased C (hereinafter “the deceased”) died on July 24, 2018, and the deceased’s heir is the Plaintiff, the Defendant, D, E (D and E withdrawn the instant lawsuit) and F.
B. On October 20, 2014, the Defendant completed the registration of ownership transfer on the ground of donation on October 10, 2014 with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on which the registration of ownership transfer was completed under the name of the deceased, and on the land of 806 square meters in G-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “G land”), and the land of 764 square meters prior to H (hereinafter “H land”).
C. On July 3, 2018, Gyeongnam-do purchased G land from the Defendant through a consultation procedure for the acquisition of public land, and completed the registration of ownership transfer on G land on July 4, 2018, and paid KRW 19,747,000 to the Defendant on July 10, 2018.
On March 2, 2018, the Defendant sold H land to I in KRW 8,000,000, and completed the registration of ownership transfer in the name of I on March 7, 2018.
[Reasons for Recognition] Fact that there is no dispute, Gap evidence 1 to 12, Eul evidence 2, and judgment as to the main claim of the whole pleading
A. On October 10, 2014, the Plaintiff asserted that each of the instant real estate was donated by the Deceased, and the Defendant completed the registration of ownership transfer as to each of the instant real estate without being based on the deceased’s will.
The Plaintiff succeeded to the shares 2/11 of each of the instant real estate from the Deceased, and thus, as an act of preserving inherited property, sought a cancellation of ownership transfer registration that is null and void under the name of the Defendant as to each of the instant real estate.
B. Where the registration of ownership transfer is completed with respect to the judgment real estate, it shall be presumed that not only the third party but also the former owner has acquired ownership through legitimate grounds for registration. In such cases, the former registration titleholder's transfer of ownership is presumed to have been completed on the part of the disputing party.