(영문) 부산지방법원 2015.07.24 2014가단45825

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(영문) 부산지방법원 2015.07.24 2014가단45825

소유권말소등기

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1. As to the real estate stated in the attached list to the Plaintiff, Defendant B, Busan District Court, Busan District Court, on January 23, 2014.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be admitted by taking into account the overall purport of the pleadings as a whole in each entry in Gap evidence Nos. 1 to 4, 8, 9 and Eul evidence No. 1 (including a serial number).

On January 11, 2014, the Plaintiff independently inherited the deceased’s property as a child of D (hereinafter “the deceased”) who died on January 11, 201 (hereinafter “the deceased”), and Defendant B is the birth of the deceased.

B. However, after the death of the deceased, the Busan District Court rendered a registration of ownership transfer under the name of Defendant B (hereinafter “registration of ownership transfer”) with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by the deceased on January 23, 2014 as of the Busan District Court’s receipt No. 2097, Dec. 23, 2013. Moreover, the registration of ownership transfer under the name of Defendant C (hereinafter “registration of ownership transfer”) was completed on February 20, 2014 as of February 20, 2014 by the receipt No. 4792, the same registry office as of February 20, 2014, for the reason of sale as of February 10, 2014.

2. Determination

A. The ownership transfer registration filed and made in the name of the former owner after the death of the former owner. However, while the cause for registration exists, if the decedent is living in the case of the commencement of inheritance with respect to the person liable for registration while the former owner did not file an application for registration, it shall be deemed as the registration invalidation, except in the case where the principal or his agent dies before the registration is completed after the receipt of the application for registration with the registry official, and there is no room to acknowledge the presumption of the capacity of the registration. Therefore, the person who claims the validity of the registration filed and made in the name of the deceased was in the above special circumstance.

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