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(영문) 춘천지방법원원주지원 2019.09.24 2018가단305979
소유권이전청구권가등기 말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who completed the registration of ownership transfer on August 31, 2018 on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on August 28, 2018 due to the sale by compulsory auction on August 31, 2018.

B. The owner of each of the instant real estate immediately before the Plaintiff acquired ownership on the ground of sale as of January 17, 2017, and C acquired ownership on the ground of sale as of February 3, 2017, and the provisional registration of ownership transfer claim was completed on the ground of sale reservation as of February 3, 2017 on the same day (hereinafter “the provisional registration of this case”). The provisional registration of this case was completed on September 27, 2018 on the ground of sale as of September 20, 2018, on the ground that the transfer registration of ownership transfer registration of this case was completed on the ground of sale as of November 29, 2018, respectively.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 4 (including each number), the purport of the whole pleadings

2. The Plaintiff asserts that the provisional registration of this case is a provisional registration of invalidity of cause caused by false conspiracy in preparation for a compulsory auction by E Co., Ltd., a creditor of this case, and sought the cancellation thereof.

The real estate registration itself is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally. Although the registrant of the registration claims that he/she acquired the registration name for reasons different from those stated in the register, such assertion is not recognized, even if such assertion is not recognized, the presumption of registration itself cannot be said to have been broken. Thus, even in such a case, the party asserting that the registration was completed without a cause, shall be held liable to assert and prove the grounds for invalidation.

In preparation for the case where the title trustee disposes of real estate held in title trust at will, the title truster shall be under his own name or under the name other than the title truster.

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