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(영문) 수원지방법원여주지원 2017.06.14 2016가단9515

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are South Korean wholesalers.

B. The defendant completed the registration of ownership transfer on March 25, 1975 on the land of this case due to sale on March 24, 1975.

Afterward, the defendant completed the registration of ownership transfer on November 16, 2005 with respect to the share of 661/2622 out of the land of this case on the ground of donation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff prepared the purchase price of the instant land with the Plaintiff’s money.

However, without the Plaintiff’s consent, the mother of the Plaintiff and the Defendant completed the ownership transfer registration of the instant land (hereinafter “instant registration”) in the Defendant’s future.

Therefore, since the registration of this case is null and void of the cause, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to the defendant's share out of the land of

3. Where the registration of ownership transfer is completed with respect to the pertinent real estate, the registrant of the registration shall be presumed to have acquired ownership through legitimate procedures and causes, and thus, the grounds for invalidation should be asserted and proved in the disputing part (see, e.g., Supreme Court Decision 2009Da105215, Mar. 13, 2014). The evidence submitted by the Plaintiff alone is insufficient to recognize the registration of this case as the registration of invalidation of cause, and there is no other evidence to acknowledge this differently, and thus, the presumption of presumption of registration of this case cannot be deemed to have

Therefore, the plaintiff's assertion that the registration of this case is null and void is without merit.

4. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.