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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserts as follows.
The Plaintiff’s husband D owned 137 square meters prior to the Seo-gu Incheon Metropolitan City E (hereinafter “instant land”) and 269 square meters prior to the division and merger (hereinafter “instant land”).
D Around September 13, 1996, after the death of Sep. 13, 1996, the registration of ownership transfer for each of the instant lands was completed under the Plaintiff’s name C due to inheritance due to a consultation division. On April 6, 1998, the registration of ownership transfer for the purport of the claim was completed due to the exchange under Defendant B’s name, and thereafter, each registration of ownership transfer for the remainder of the Defendants’ names stated in the purport of the claim was completed in order.
However, although the Plaintiff did not prepare documents regarding the division of inherited property, such registration was completed in the name of C, and the Defendant B forged documents without consideration and completed registration in his name. Thus, each registration in the name of C and Defendant B is invalid.
Therefore, the Defendants are obligated to cancel the registration of transfer of each of the above land that was completed in their names with respect to the land of this case, and Defendant B and Defendant Corporation are obligated to complete the registration of transfer of ownership based on the restoration of real name with respect to the land of this case 2.
2. Determination
(a) In a case where the registration of ownership transfer is completed with respect to real estate, the titleholder of the registration shall be presumed to have acquired the ownership through legitimate grounds for registration, and such grounds for invalidation shall be asserted and proved on the part of the claimant.
(See Supreme Court Decision 92Da46059 delivered on May 11, 1993, etc.). B.
The plaintiff asserts that he/she is the true owner as the registration of the name C is null and void, and thus, I examine whether each registration of the name C is null and void.
The registration in the name C, which was completed for each of the instant lands according to the presumption of registration as seen earlier, is legitimate.