소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and such reasoning is identical to the reasoning of the judgment of the court of first instance, and thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act
(In full view of the evidence duly adopted and examined by the first instance court, the findings of fact and judgment of the first instance court are justifiable). 2. A supplementary or supplementary part is used.
A. The following is added between the fourth seven parallels and eight parallels in the judgment of the first instance:
1) If the registration of ownership transfer has been made on the register of the pertinent legal real estate, it shall be presumed that the procedure and cause for the refusal are justified, and the party asserting the unfair cause of the procedure and cause shall be liable to prove it. However, if there is a doubtful circumstance that the registration procedure is not lawfully progress, the presumption power shall be broken.
(See Supreme Court Decision 2002Da46256 delivered on February 28, 2003, etc.). (2) On the premise of determining whether the owner on the previous register of land D and E and the Plaintiff’s father R are the same person, the owner on the previous register of land D and E and the Plaintiff’s father R are the same person.
B. The fifth to six parallels in the judgment of the court of first instance shall be conducted in the following manner:
3) Whether the registration of transfer of ownership in this case is null and void, is reasonable to deem that the owner on the previous register of the land Nos. 1, 2, and 3 and the Plaintiff’s father is the same person as the owner on the previous register as seen earlier, and thus, the Defendant’s father is not the same person as the owner on the previous register. In full view of the following circumstances, it is reasonable to deem that the registration of transfer of ownership in this case is invalid without undergoing lawful procedures, and the registration of transfer of ownership in this case is registered.