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(영문) 대구지방법원김천지원 2019.02.20 2018가단34861

소유권말소등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. On August 11, 2008, the Plaintiff completed the registration of ownership transfer for each of the instant land owned by Defendant C, D, and E on the ground of sale as of August 7, 2008 with respect to the FY 2,481 square meters (hereinafter “instant land”). Defendant B completed the registration of ownership transfer for each of the instant land owned by Defendant C, D, and E on April 16, 2015, on the ground of sale as of August 7, 2008.

B. However, since the transfer registration of ownership in the name of Defendant B was made by assault and threat of the Defendants without the intent to transfer real ownership, and is null and void as it constitutes a false conspiracy and constitutes a false conspiracy, the procedures for registration of cancellation of ownership transfer registration in the name of Defendant B and for registration of transfer of ownership in the name of Defendant C, D, and E to seek implementation of registration of cancellation of ownership transfer registration in the name of Defendant B, based on the restoration of real name. Preliminaryly, this case’s land is inherited property.

2. In principle, since the registration of ownership transfer in the judgment real estate register is presumed to be legitimate in its procedure and cause, and the party asserting that the procedure and cause are unfair, the sales contract which served as the grounds for registration is invalid as the false declaration of agreement, the party asserting it is also liable

(2) In light of the above legal principles, the Plaintiff cannot be deemed as having completed the registration of ownership transfer of the instant land under his/her name on grounds of sale on February 24, 1965, on the ground that the sales contract, which is the cause of the registration of ownership transfer in Defendant B, cannot be readily concluded as null and void as a false conspiracy solely on the following grounds: (a) the instant case’s health class; (b) the Plaintiff’s statement of evidence Nos. 3 submitted by the Plaintiff; and (c) the Plaintiff’s assertion by the Plaintiff.