소유권말소등기
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. D and G completed the registration of ownership transfer by reason of “property inheritance on July 25, 1974,” on June 3, 1995, on the land of 2,240 square meters of L forest land in Ansan-si.”
B. On February 7, 2007, the above L forest was divided into 1,120 square meters of the instant forest and L forest. As to the instant forest, the registration of ownership transfer was completed in the Defendant’s future on the ground that the entire co-owner’s share transfer registration was completed on the ground that the “division of co-owner’s share on February 7, 2007” was based on the “division of co-owned ownership on March 8, 2007” on the same day.
C. D and G are two-dimensionals, and AM and the Plaintiff are children of D, and D died on April 28, 2010.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments
A. At the time when the registration of transfer of ownership due to the division of common property and the registration of transfer of ownership in the defendant's future (hereinafter "registration of transfer of ownership in this case") were completed with respect to the forest land in this case, D was residing in the United States. However, since AF divided the forest land by forging a sales contract, etc. in the name of D and completed the registration of transfer of ownership in the name of the defendant, the registration of transfer of ownership in this case in the name of
B. The Defendant lawfully purchased the instant forest land from D through Defendant AF, and at the time, the sales contract was duly concluded between AM who represented D and AF who represented the Defendant, and there was no forgery of the documents that caused the application for registration.
3. Determination
(a) Where the registration of transfer of ownership is made by an act of disposal in which a third party is involved, not by the direct act of disposal of the former registered titleholder, the current registered titleholder has the power of representation granted by the former registered titleholder, or the title truster, etc. with respect to the relevant real estate;