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(영문) 광주지방법원 2019.04.25 2018가단17490

소유권이전등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 26, 1978, the Plaintiff and E were owned with respect to each of the 1/3 shares among the 1/3 shares, and each of the 1/3 shares was completed on December 21, 1978, on the grounds of sale on December 21, 1978.

B. On February 10, 2015, with respect to the portion of one-third of D owners among the instant real estate on February 10, 2015, the registration of ownership transfer was completed in the name of F, with respect to the portion of one-third of E owners, on December 28, 2007, for each of the following reasons:

C. On the same day, on February 10, 2015, the registration of ownership transfer was completed in the name of the defendant on the ground of donation made by the Gwangju District Court No. 3816, Dec. 19, 2014, with respect to each of one-third shares of the instant real estate by Plaintiffs, F, and G.

(hereinafter the Plaintiff’s registration of transfer of ownership with respect to the Plaintiff’s 1/3 shares (hereinafter “this case’s registration of transfer”). [Grounds for recognition] without dispute, evidence No. 1, and the purport of the whole

2. The assertion and judgment

A. The plaintiff's assertion that the defendant demanded a certificate of personal seal impression and a certificate of personal seal impression by arranging inheritance relations to the plaintiff. The plaintiff's transfer registration of this case was completed by using the plaintiff's certificate and certificate of personal seal impression without permission.

Therefore, since the registration of transfer of this case is invalid, the defendant is obligated to cancel the registration.

B. As long as the registration of ownership transfer is completed on the registry of real estate, it shall be presumed that the procedure and cause thereof are legitimate. The party asserting the procedure and cause are responsible for proving this. However, if it is proven that there are doubtful circumstances that the registration procedure has not run lawfully, such presumption is broken.

In addition, unless there are special circumstances, the authenticity of the seal is formed, i.e., the seal affixed to the seal affixed to the disposal document concerning the reason for registration of real estate if it is withdrawn by the seal affixed to it.