소유권이전등기 말소 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The parties’ relevant net C (Death on December 7, 1982) and net D (Death on December 1, 1990) died on October 17, 1981.
B. A change in the ownership transfer registration of each of the instant real estate listed in the separate sheet No. 1) is completed in the network C, but on March 11, 1991, the registration of ownership transfer was completed on December 7, 1982 in the Defendant’s future. (2) Moreover, the Defendant completed the registration of ownership transfer based on sale on April 7, 1971, as the receipt of No. 2436, Apr. 7, 1971, as to the real estate listed in the separate sheet No. 2 list No. 2, as the Mayor of the Gwangju District Court, No. 2436, Mar. 5, 1971.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 and 7 (including branch numbers, if any) and the purport of the whole pleadings
2. Judgment as to the main claim
A. There is no fact that the deceased C’s heir, other than the Defendant, has given up the inheritance share of the real estate listed in the attached Table 1 and agreed to divide the inherited property with the content that the heir would own the real estate solely by the Defendant.
However, on December 7, 1982, the defendant completed the registration of ownership transfer due to the inheritance through consultation and division on December 7, 1982 with respect to each real estate listed in the separate sheet No. 1 list, which is the registration of invalidity of cause not consistent with the substantive relations
(The plaintiff also seeks to cancel the ownership transfer registration that the defendant completed on April 7, 1971 by the receipt No. 2436 of the support for the Gwangju District Court for the 3/4 share of the real estate listed in the separate sheet No. 2, but it is unclear what the grounds for seeking cancellation are).
Judgment
If the registration of transfer of ownership has been made, not only the third party, but also the former owner shall be presumed to have acquired the ownership by the legitimate reason for registration, and Supreme Court Decision 9.2 delivered on September 24, 2004.