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(영문) 전주지방법원 2017.08.24 2016나6845
소유권말소등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on April 4, 1980 with respect to the area of 284 square meters in Jeon Chang-gun, Jeon Chang-gun, Jeonbuk-gun, and the registration of ownership transfer was completed on March 22, 1990 on the ground of the sale made on March 13, 1990.

B. As to the size of D 403 square meters in Jeon Chang-gun, Jeon Chang-gun, the registration of ownership transfer was completed on April 15, 1980 on the ground that the registration of ownership transfer was completed on March 27, 1990 on March 13, 1990.

C. On July 28, 2014, Defendant B sold to Defendant C the instant real estate D 403 square meters and E 284 square meters (hereinafter “each of the instant real estate”), and on the same day, Defendant B completed the registration of transfer of ownership based on the said sale as the receipt of the registration office of the Jeju District Court No. 5585 on the same day.

[Ground of recognition] Evidence Nos. 1-1, 2, 2-2, and 5-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On July 30, 1986, the Plaintiff purchased each of the instant real estate from F, the former owner of each of the instant real estate, but entrusted the registration title to Defendant B.

However, Defendant B sold the real estate of this case to Defendant C with the title trust and completed the ownership transfer registration. The ownership transfer registration in Defendant C constitutes the registration following the disposition taken by an unentitled person and constitutes the registration of invalidity of cause.

Therefore, Defendant C is obligated to implement the procedure for cancellation registration of ownership transfer registration completed with respect to each of the instant real estate by Defendant C. Furthermore, Defendant B is obligated to implement the procedure for ownership transfer registration based on the termination of title trust with respect to each of the instant real estate.

B. Since a person registered as an owner of a judgment real estate is presumed to have acquired ownership through due process and cause, the fact that the registration is based on title trust has the burden of proof for the claimant.

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