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(영문) 대구지방법원 2017.05.02 2016가단36703

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 Korea, and the mother is C.

B. C died on March 23, 2016, and his/her children are Plaintiff, Defendant, D, E, F, and G.

C. On January 12, 2001, the ownership transfer registration was completed on January 12, 2001 with respect to the 4.5/39.2 shares in the land listed in the separate sheet and 2 buildings listed in the separate sheet (hereinafter collectively referred to as “instant real estate”), but on January 8, 2008, the ownership transfer registration was completed on the ground of sale as of January 7, 2008.

(hereinafter “this case’s transfer registration”). 【No dispute exists concerning the ground for recognition, entry in Gap’s evidence Nos. 1 through 4 (including the serial number), the purport of the entire pleadings.

2. The plaintiff's assertion that the defendant did not purchase the real estate of this case from C but completed the registration of ownership transfer of this case by arbitrarily preparing documents related to the registration of ownership transfer concerning the real estate of this case which was later C after C

Therefore, the transfer registration of ownership in the name of the defendant is null and void.

As C’s heir, the Plaintiff seeks implementation of the procedure for registration of transfer of ownership based on the restoration of real name with respect to shares of 1/6 of the Plaintiff’s inheritance shares among the instant real estate.

3. Determination

A. In the event that the registration of ownership transfer is completed with respect to real estate in the relevant legal doctrine, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration. On the other hand, the registration of real estate is valid even if the current state of true rights is publicly announced without reflecting the process or form that led to such public announcement. Thus, the former owner's legitimate acquisition of real estate for another reason without following the grounds for registration entered in the register, while arguing that the latter owner's legitimate acquisition of real estate for another reason is somewhat different from the form or process of the act of registration.