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(영문) 대전지방법원 2016.09.29 2015가단212456

소유권말소등기

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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2011, Sejong Special Self-Governing City D 26,678§³ (hereinafter “instant forest”) registered ownership transfer in the name of E.

B. The alteration of rights with respect to the forest of this case thereafter are as follows:

On October 7, 2013, the provisional registration of the right holder’s right to claim ownership transfer on the grounds of registration: (a) on August 4, 2013; (b) on August 25, 2014, No. 38276, Aug. 25, 2014; (c) on November 21, 2014, No. 64427, Nov. 21, 2014, the sale owner’s right to claim ownership transfer; (d) the Defendant B-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based on the total maximum debt amount on November 21, 2014; and (e) on November 21, 2014.

2. Judgment on the main claim

A. The Plaintiff’s assertion 1) did not have concluded a sales contract with Defendant B on the forest at issue, and there was no fact that the Plaintiff prepared a share transfer registration document. 2) The Plaintiff issued the representative director F of Defendant B with a certificate of personal seal impression for sale in the Plaintiff’s name as a means of granting the right of representation for selling the forest at issue. Defendant B completed the instant registration of ownership transfer in the name of Defendant B against the Plaintiff’s will on November 21, 2014, using the same, and thereafter completed the registration of ownership transfer in the name of Defendant B against the Plaintiff’s will.

3) Therefore, since each of the above registrations is a registration invalidation of cause, the cancellation is sought. B. 1) The real estate registration is valid as it does not reflect the process or form that led to the disclosure of the current true state of rights, and if the registration of ownership transfer has been completed, not only for the third party, but also for the former owner, it is presumed that the ownership has been acquired based on legitimate cause of registration.