소유권이전청구권가등기말소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, as the owner of the instant real estate, entered into a pre-sale agreement with the Defendant on April 26, 2002 with regard to the said real estate (hereinafter “instant pre-sale agreement”), and completed the provisional registration of this case on April 30, 2002 to the Defendant on April 30, 2002.
[Grounds for Recognition] Unsatisfy, Gap 1 and Eul 1
2. As to the plaintiff's primary argument, the plaintiff asserts that the purchase and sale reservation of this case was made arbitrarily by using the plaintiff's seal imprint certificate, so the contract of this case is null and void, and thus the provisional registration of this case based on the above sale reservation should be cancelled as a registration invalidation. If the seal imprint affixed to the document is affixed by his seal imprint, barring any special circumstance, the authenticity of the document is established, i.e., the act of affixing the seal is actually presumed to be based on the will of the person who prepared the document. Once the authenticity of the seal imprint is presumed, the authenticity of the document is presumed to have been established pursuant to Article 358 of the Civil Procedure Act. On the other hand, when the authenticity of the document is presumed to have been established, the authenticity of the document cannot be denied unless the person who prepared the document has proved that his seal imprint was stolen or forged (see, e.g., Supreme Court Decision 200Da38602, Oct. 13, 2000).