logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2021.03.05 2019가단208808
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s title holder of the land in question is D, the Plaintiff’s title holder of the land in question, and the Plaintiff finally inherited the land in this case through E, and the Defendant completed the registration for the restoration of the ownership of the land in this case without any cause, and without any cause, completed the registration for the restoration of the destruction or loss of the land in this case. Thus, the Defendant is liable to implement the registration procedure for the transfer of ownership due to the restoration of the real name.

2. In a case where the ownership of the previous class registration was made by the procedure of recovery after the loss of the registry, the registration of recovery is presumed to have been legally accepted and disposed of by the registry official, and therefore the date of receipt, receipt number, and cause date of the previous class registration shall be deemed to be the official column in the registration of recovery from the loss or destruction of the previous class registration.

Even if there are no special circumstances, it is presumed that the public official lawfully processed the official document by the application for registration accompanied by a certified copy of the land registry, etc. (see, e.g., Supreme Court Decision 80Da3286, Nov. 24, 1981; Supreme Court Decision 96Da12511, Oct. 17, 1996; Supreme Court Decision 2003Da44615, Dec. 12, 2003). In light of the facts stated in Gap evidence Nos. 1 and 6 (including main numbers), the defendant completed the registration on December 31, 1954; the date of receipt of the previous registration; the date of receipt of the previous registration; the date of receipt of the previous registration; the date of receipt of the previous registration; the date of receipt of the previous registration; the date of receipt of the previous registration; and the date of completion of the previous registration; and the date of receipt of the previous registration; and

arrow