소유권이전등기말소등기등
1. The part of the judgment of the first instance against Defendant School Foundation C shall be revoked.
2. The plaintiffs' defendant educational foundation C
1. In the facts of recognition, each of the instant real estate was owned by E, and on February 18, 1957 (short-term 4290), the registration of ownership transfer was completed against Defendant C on the ground of donation received from the above party registry office on December 26, 1956 (short-term 4289). On October 20, 1964, the registration of ownership transfer was completed to Defendant D on the ground of the above branch registry office’s receipt No. 4642, Jan. 5, 1964.
[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, and 4 (including each number), the purport of the whole pleadings
2. The plaintiffs' assertion and judgment
A. The plaintiffs' assertion that they are the grandchildren of E, and the plaintiff Eul is the spouse of the plaintiff A.
E does not have any donation of each of the instant real estate to Defendant C, and in E, the registration of transfer of ownership to Defendant C should be cancelled as a cause invalidation. The registration of transfer of ownership to Defendant C is based on the registration which is invalid as such, or should be cancelled as a cause invalidation by itself.
B. In light of the judgment, where the registration of ownership transfer has been completed on real estate, the registrant shall not only the third party, but also the former owner shall be presumed to have acquired the ownership based on legitimate grounds for registration (see, e.g., Supreme Court Decision 92Da46059, May 11, 1993). Thus, the evidence submitted by the plaintiffs alone does not constitute a donation of each of the instant real estate to the defendant C.
The above registration of ownership transfer in the name of the defendants is not sufficient to recognize that the above registration of ownership transfer is invalid, and there is no other evidence to acknowledge it.
Therefore, the plaintiffs' assertion is without merit without further review of the remaining points.
3. In conclusion, the plaintiffs' claim of this case against the defendants is dismissed in its entirety as there is no ground, and the judgment of the court of first instance is unfair in some different conclusions, and thus defendant C's appeal is dismissed.