소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, on June 10, 1982, completed the registration of ownership transfer with respect to C Forest 4,453 square meters (hereinafter “the instant forest”). After that, the Defendant completed the registration of ownership transfer with respect to the instant forest on September 16, 1985 on the ground that the instant forest was traded on September 16, 1985, Seocheon District Court Decision 13878 (hereinafter “the instant registration of ownership”).
2. The plaintiff's assertion did not sell the forest of this case to the defendant, and there was no price for purchase from the defendant.
On 1985, D, a partner of the Plaintiff, stolen the Plaintiff’s seal imprint certificate and the registration right certificate, and then sold the forest of this case to the Defendant using it.
Therefore, the registration of transfer of ownership in the name of the defendant as to the forest of this case shall be cancelled due to the invalidation of the cause.
3. Where the registration of ownership transfer is completed with respect to the judgment real estate, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration. On the other hand, the registration of real estate is valid even if the current real right state is publicly announced without reflecting the process or form that led to the former owner's acquisition of real estate, and the former owner asserts that the form or process of the act of cause for registration is somewhat different from that of the former owner's acquisition of real estate by reason other than the cause for registration entered in the register, and the latter asserts that the burden of presumption of registration cannot be said to be broken. Thus, in this case, the title holder's registration of ownership transfer is made against the former registered owner's will, and thus, the latter part of the dispute over it must prove that the registration is invalid.
(see, e.g., Supreme Court Decision 99Da65462, Mar. 10, 2000). As to the instant case, this case was examined.