소유권이전등기말소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the registration of this case was completed on the ground that the Plaintiff’s share was transferred to the Defendant for sale of KRW 20,000,000 on the instant real estate by transaction value of KRW 20,000 may not be disputed between the parties or may be recognized by combining the evidence A1.
2. Assertion and determination
A. The plaintiff's assertion that the plaintiff did not sell the real estate of this case to the defendant or receive the sales price. The plaintiff asserts that the registration of this case should be cancelled since the defendant completed the registration of this case by forging a sales contract with an opportunity to keep the plaintiff's seal imprint in custody.
B. In the event that the registration of ownership transfer is completed with respect to the judgment real estate, unless there are special circumstances, it is presumed that the registration titleholder lawfully completed the cause and procedure, and it is presumed that not only the third party but also the previous owner acquired the ownership by legitimate cause of registration. Therefore, the grounds for invalidation should be asserted and proved in the arguments therefor.
(See Supreme Court Decision 2016Da34113 Decided November 10, 2016, and Supreme Court Decision 2010Da75044 Decided January 10, 2013, etc.). As to the instant case, it is insufficient to find that the Plaintiff’s health account and the evidence submitted by the Plaintiff (Evidence A1-4) alone are insufficient to deem that the instant registration was null and void or that there was an error in the registration procedure, etc., and the Plaintiff’s assertion cannot be accepted, on the grounds that there is no other evidence to acknowledge the Plaintiff’
(In full view of each evidence submitted by the Defendant, the Plaintiff and the Defendant can only recognize the fact that the instant registration was made as a result of lawful trade). 3. Conclusion of the Plaintiff’s claim is dismissed.