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(영문) 서울중앙지방법원 2020.04.22 2019가단5075088
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff’s heir B (the deceased on January 27, 1993, hereinafter “the deceased”) owned each real estate listed in the separate sheet, and the heir, including the Plaintiff, inherited each of the above real estate due to the death of the deceased.

B. Meanwhile, with respect to each real estate listed in the separate sheet, the ownership transfer registration for the sale of the deceased on September 30, 1979 was completed in the name of CJ around June 20, 1995 (hereinafter “the clan of this case”), but each of the above transfer registrations in the name of the clan of this case should be cancelled as the registration invalidation of the grounds for the above transfer of ownership.

C. Each registration of the instant clan’s respective real estate indicated in the separate sheet was indicated as the Plaintiff, but no one was authorized to change the title holder from the Plaintiff to D, and then complete the registration of transfer of ownership based on the consultation on the land for public use on December 13, 2018.

The registration of each transfer of ownership in the name of the defendants shall be cancelled with the registration of invalidation of the cause.

2. On the premise that each registration of transfer of ownership in the name of the clan of this case (hereinafter “registration of this case”) with respect to each real estate listed in the separate sheet is null and void, the Plaintiff sought cancellation of the registration of transfer of ownership against the Defendants. Therefore, whether the registration of this case is null and void

A registration completed under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) shall be presumed to be a registration that conforms to the substantive legal relationship. Unless it is proved that a letter of guarantee or confirmation under each of the above Special Measures is false or forged, or that a registration is not legally registered due to other reasons, the presumption of registration of ownership preservation or registration of transfer shall not be broken (see, e.g., Supreme Court Decision 2009Da15145, Jun. 11, 2009). According to each of the statements in the evidence Nos. 1 and 5.

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