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(영문) 부산지방법원 2014.09.23 2013가단99481
소유권이전등기 말소등기 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around December 14, 2012, the Plaintiff died of Nonparty C, an alien.

The defendant, as the plaintiff-friendly car (here's son), assisted the plaintiff to take funeral procedures, withdrawal of deposits in C's name, and death reports.

B. On December 27, 2012, the Plaintiff completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on December 26, 2012 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on December 27, 2012.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 2 and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff asserts that the registration of transfer of ownership in this case should be cancelled as the registration of invalidity of cause for the registration of transfer of ownership in this case, since the Defendant, by deceiving the Plaintiff as necessary for the Plaintiff’s death report, received a seal imprint and identification card from the Plaintiff and completed the registration of transfer of ownership

B. The Plaintiff asserts that the transfer registration of ownership in this case is not based on sale and purchase or donation, but is null and void due to a title trust agreement.

3. Judgment on the Plaintiff’s assertion of the second claim

A. As long as a registration of ownership transfer has been made on the register of real estate, it shall be presumed that the procedure and cause are legitimate, and the party asserting the unfair cause of the procedure and cause shall be liable to prove it. However, if there is a doubtful circumstance that the registration procedure is not lawfully progress, it shall be deemed that the presumption power is broken.

B. (See Supreme Court Decision 2002Da46256 delivered on February 28, 2003).

The following circumstances, which are acknowledged as a comprehensive consideration of the overall purport of the pleadings in the statements Nos. 7 and 8, the Plaintiff directly issued a certificate of personal seal impression for real estate sale on December 26, 2012, and the Busan District Court on December 27, 2012.

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