beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s basic facts are co-inheritors of D who died on September 27, 2016 (hereinafter “the deceased”). The Defendant is the father E (Death around November 2003) of the deceased and F’s father, who was in a de facto marital relationship for about 17 years, and on November 10, 2015, the fact that the registration of transfer of ownership was completed on October 21 of the same year (hereinafter “instant land”) by the Defendant on the ground of sale on October 21 of the same year (hereinafter “the transaction value of KRW 150 million”). There is no dispute between the parties.
2. The assertion and judgment
A. The plaintiff asserts that the preservation act of inherited property is a lump sum refund and as follows.
In other words, since the registration of transfer of ownership in the name of the defendant, which was made primarily on the land of this case, is null and void because the defendant made a registration without the cause that he knew of the deceased, it should be cancelled. Even if the defendant's transfer of ownership in this case was made in accordance with the valid sales contract, the defendant did not pay a purchase price of KRW 150 million, so it should be paid
As to this, the defendant asserts that the registration of the name of the defendant is valid registration in accordance with the substantive legal relationship, since the deceased who suffered from chronic hepatitiss due to their lives from around 201 and the deceased for treatment expenses, living expenses, and nursing expenses incurred for the deceased.
B. In the event that the registration of ownership transfer is completed with respect to one real estate, the registrant is presumed to have acquired the ownership by legitimate grounds for registration as well as the third party, and the former owner is presumed to have acquired the ownership by legitimate grounds for registration. Therefore, the grounds for invalidation should be asserted and proved in the dispute. The real estate registration is valid even if the current state of true rights is publicly announced without reflecting the process and quantity that led to the public.