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(영문) 광주지방법원순천지원 2019.06.11 2018가단6772

소유권이전등기말소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 2009, the Plaintiff leased the real estate in attached Form (hereinafter “instant real estate”) from Nonparty C Co., Ltd. as of 38,000,000, and the lease term from March 29, 2010 to March 29, 2015.

(hereinafter “instant lease agreement”). B.

On March 14, 2013, Nonparty D purchased the instant real estate from Nonparty C Co., Ltd., and completed the registration of ownership transfer made on March 22, 2013 on the instant real estate due to the said sale.

C. On April 17, 2013, the Defendant purchased the instant real estate under the condition that he succeeds to the obligation to return the lease deposit from Nonparty D Co., Ltd. to the Plaintiff (hereinafter “instant sales contract”); and on May 20, 2013, on the instant real estate, the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”).

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserts that the instant sales contract was null and void, and the instant transfer registration was made unlawfully, and thus, the registration of ownership transfer should be cancelled.

B. 1) Determination 1) The applicant for the cancellation of the registration of invalidation completed in relation to the pertinent real estate as an exercise of the right to claim obstruction removal based on the ownership of real estate must prove that the applicant is the owner of the pertinent real estate. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff is the owner of the instant real estate, and there is no other evidence to acknowledge this otherwise. 2) In the event that the registration of ownership transfer has been completed, it is presumed that the registrant acquired the ownership of the pertinent real estate through lawful procedures as the grounds for registration entered in the former