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(영문) 춘천지방법원 강릉지원 2018.05.16 2018가단30418
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the registration of transfer of ownership in the name of the defendant with respect to the real estate listed in the separate sheet (hereinafter "real estate of this case") should be cancelled, because the defendant deceivings the plaintiff to lease the building C ground at the time of the East Sea and received the plaintiff's seal impression certificate, identification card, resident registration abstract, and registration certificate of the right to the real estate of this case, etc., and without permission.

Preliminaryly, even if the invalidity of the cause of family affairs is not registered, the above ownership transfer registration was made by mistake by the defendant's deception, and thus, the plaintiff asserts that the above declaration of intention is revoked and the cancellation is sought by the complaint of this case.

2. We examine the judgment of the primary argument, and the real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and is held liable to prove and prove the grounds for invalidation on the part of the assertion that the registration was completed without any grounds for registration.

(See Supreme Court Decision 95Da39526 Decided September 30, 1997). According to the health team and evidence evidence No. 1, the fact that the registration of ownership transfer was completed in the name of the plaintiff with respect to the real estate of this case can be acknowledged as the fact that the registration of ownership transfer was completed in the defendant's future on the ground of donation as of September 22, 2017, as of September 21, 2017, by the Chuncheon District Court Registry No. 10123, Sept. 21, 2017.

Therefore, the defendant's above transfer of ownership is presumed to have been completed by legitimate grounds for registration, and the plaintiff who claims that the registration was completed without any grounds for registration shall be liable to assert and prove the grounds for invalidation.

However, there is no evidence to acknowledge that the above registration of ownership transfer was completed without the cause, and instead, in full view of the respective descriptions and arguments in subparagraphs B and C and the purport of the whole pleadings, the Plaintiff is as above.

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