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(영문) 수원지방법원 안양지원 2018.12.12 2016가단102779
소유권이전등기말소 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

Reasons

1. The provisional registration of ownership transfer claim (hereinafter “instant provisional registration”) was completed on October 22, 2010 under the name of the Defendant on October 22, 2010 with respect to the Gyeonggi-do Gyeyang-gun District Forest Land, 3,896 square meters (hereinafter “instant land”) owned by the Plaintiff, and the ownership transfer registration (hereinafter “instant registration”) was completed on October 14, 201 based on the said provisional registration under the name of the Defendant on August 15, 201 under the name of the Defendant on August 15, 201.

2. Determination as to the claim on the principal lawsuit

A. 1) The Plaintiff asserts that: (a) there was no agreement between the Plaintiff and the Defendant with respect to the instant reservation; and (b) even if the instant provisional registration is a provisional registration for the purpose of collateral security, there is no secured obligation due to the Plaintiff’s lack of any obligation to the Defendant; and therefore, (b) the instant provisional registration and the instant principal registration should be cancelled with the invalidation of the grounds for registration. 2) The real estate registration is presumed to have been completed based on legitimate grounds for registration, as it is presumed that it exists formally from the fact that it exists, and thus, is presumed to have been completed without the cause for registration, the Plaintiff is liable to prove the

(see, e.g., Supreme Court Decision 95Da39526, Sept. 30, 1997). The plaintiff's testimony as shown in the plaintiff's above 1, and 2, witness D's testimony as shown in the argument is not trustable, but merely the statement in Gap's evidence Nos. 2 through 5 (including a serial number) is presumed to have been completed due to a legitimate cause of registration. As to the provisional registration of this case or the principal registration of this case which is presumed to have been completed due to a legitimate cause of registration, it is not sufficient to reverse the presumption and recognize the cause

Rather, according to the records No. 5 and the fact-finding results with respect to the office of certified judicial scrivener E in this court, the plaintiff shall complete the principal registration of this case at the office of E of the certified judicial scrivener.

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