소유권이전등기말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff asserted that the plaintiff completed the registration of ownership transfer for the land of this case based on the sale on April 18, 1975, and therefore is a legitimate owner of the above land.
Since the defendant completed the registration of the transfer of this case on the land of this case without any cause, the above registration of the transfer should be cancelled by the invalid registration.
2. In a case where the registration of ownership transfer has been completed with respect to the judgment real estate, the registration titleholder is presumed to have acquired ownership not only the third party but also the former owner through legitimate grounds for registration. Therefore, the grounds for invalidation should be asserted and proved in the grounds for appeal.
(See Supreme Court Decision 2010Da75044 Decided January 10, 2013, etc.). According to the purport of Gap evidence Nos. 2 and 3, the defendant completed the instant transfer registration on the ground of contribution from January 1, 1981 as to the land in this case. Thus, the defendant is presumed to have acquired ownership based on a legitimate ground for registration. The defendant is insufficient to recognize that the instant transfer registration is null and void only on the basis of each statement in Gap evidence Nos. 5 and 8, and there is no other evidence to prove otherwise.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.