소유권이전등기 등
1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.
2. The Plaintiff’s total costs of litigation.
1. The court's reasoning for this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 420 of the Civil Procedure Act
2. The Plaintiff’s summary of the Plaintiff’s assertion was determined by K, who is the father’s assistant, on the land of this case and the land of this case (hereinafter “each of the instant lands”), and the Plaintiff was inherited from K.
Therefore, since each registration of ownership preservation and each transfer registration of ownership transfer on Defendant B’s land of this case, which was based on each of the instant lands in Korea, is invalid, the Defendants are obligated to implement the registration procedure for cancellation of each of the instant lands to the Plaintiff, who is the owner of each of the instant lands.
3. Determination
(a) A person registered as an owner in the Land Survey Book shall be presumed to have become final and conclusive in view of the circumstances, unless there is any counter-proof such as the change of the circumstances by an adjudication, etc., and the presumption of registration of preservation of ownership shall be broken if it is found that a person other than the holder of the relevant preservation registration was the assessment of the relevant land;
However, in order to seek the cancellation of registration of preservation of ownership in another person's name, which has been completed in relation to the real estate as part of the exercise of the right to claim the removal of interference based on the ownership of the real estate, the right to claim the cancellation should be actively asserted, and if such right is not recognized, the claim cannot be accepted even if the registration of cancellation of registration of preservation of ownership in another person's name is the invalid registration to be cancelled.
Therefore, if it is recognized that the person who registered the circumstances disposes of the land to another person after the assessment is made, the person who registered the circumstances or his/her heir has no title to request the cancellation of the registration.