1. Of the judgment of the first instance, the part against the Plaintiff ordering the implementation of the procedure for cancellation of ownership transfer registration.

1. Facts of recognition;

A. The Plaintiff’s father C (hereinafter “the deceased”) died on December 19, 1964.

The Plaintiff’s mother, D and the Plaintiff inherited the shares of 1/2 of the deceased’s property, and D were dead on October 13, 197, and the Plaintiff succeeded to D’s property.

B. The Defendant, as the birth F of the Deceased, completed the ownership transfer registration on April 22, 1976 on each of the real estates listed in the separate sheet (hereinafter “each of the instant lands”) registered in the deceased’s name as the birth F, with respect to the Suwon District Court’s receipt of No. 4433 on April 22, 1976, and on April 21, 1976 (hereinafter “each of the instant lands”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the cause of action

A. The presumption of ownership transfer registration filed in the name of the former owner after the death of the former owner has already existed, but where inheritance has commenced with respect to the person liable for registration while the former owner did not file an application for registration, if the predecessor lives in the same manner as the person liable for registration, his/her application for registration shall be filed by the heir, or where the registration officer files an application for registration before the completion of registration, unless special circumstances are acknowledged, such as the death of the principal or his/her agent

(See Supreme Court Decision 83Meu597 delivered on August 23, 1983). Therefore, a person who asserts the validity of registration filed in the name of the deceased and made under the deceased’s name must assert and prove that there was any such special circumstance.

(Supreme Court Decision 2003Da3157 Decided September 3, 2004). B.

In the case of this case, the deceased died on December 19, 1964, and the day of the sales contract between the deceased and the defendant, which is the cause of the registration of each transfer of ownership of this case, is as seen earlier, the fact that the day of the sales contract between the deceased and the defendant was April 21, 1976. Therefore, each transfer of ownership of this case is already deceased