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(영문) 춘천지방법원 2016.04.15 2014나6552
소유권이전등기등 말소
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 16, 1994, the registration of ownership transfer was completed on November 30, 1994 with respect to the real estate listed in paragraph (1) of the [Attachment List No. 1] owned by F, and on April 22, 2004, the registration of ownership transfer was completed on April 20, 2004.

B. On March 28, 1996, the registration of transfer of ownership was completed on March 10, 1996 with respect to each real estate listed in the separate sheet Nos. 2 through 5 in the separate sheet Nos. 2 through 5 (hereinafter referred to as the "real estate of this case", and on March 28, 1996, the registration of transfer of ownership was completed on March 10, 1996. The provisional registration of transfer of ownership based on the pre-sale on February 25, 2002, the provisional registration of transfer of ownership based on the pre-sale on August 5, 2005, and the registration of transfer of ownership based on the sale was completed on December 16, 2005.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Notwithstanding that the Plaintiff’s respective real estate in this case’s assertion was purchased in the name of the Plaintiff for the future of the Plaintiff, whose mother is the Plaintiff’s insufficient intelligence, the registration of ownership transfer in the name of the Defendant C, the provisional registration of ownership transfer in the name of the Defendant D, and the registration of ownership transfer in the name of the Defendant D were completed with the Plaintiff’s lack of mental capacity. Therefore, each of the above provisional registration and the registration of ownership transfer should be cancelled due to the invalidation of the cause, and the registration of ownership transfer should also be cancelled.

Even if the above provisional registration and ownership transfer registration are not completed by taking advantage of the plaintiff's office ability, the above provisional registration and ownership transfer registration are completed without any cause, so they should be cancelled by the invalidation of cause, and they are based on the registration of invalidity of cause.

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