소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The registration of transfer of ownership in the purport of the claim in the Defendant’s name was completed on April 5, 1980 with respect to the land listed in the separate sheet, which was owned by C of the basic facts, and C of March 7, 1981, and the Plaintiff died on March 7, 1981, and the facts that the Plaintiff was the Plaintiff’s children do not conflict between the parties, or may be recognized by each of the statements listed in the evidence Nos. 1, 2, and 4, respectively.
2. Whether the cause of registration is invalid;
A. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff asserted to the effect that the ownership transfer registration was null and void because it was made after the deceased’s death, while he received a donation from the deceased before the deceased’s death.
B. However, as seen above, the above transfer of ownership is registered on April 5, 1980, which was prior to the death of the deceased, and its registration is not recognized (see, e.g., Supreme Court Decision 95Da51991, Nov. 28, 1997). However, even if the presumption capacity is not recognized, if each description of evidence Nos. 1 and 5 appears to be the whole purport of pleading, it can be recognized that the defendant purchased the above land from the deceased on April 5, 1980, such as the cause of the registration, and thus, the assertion that the registration is invalid is not acceptable.
3. Accordingly, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.