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(영문) 대구지방법원김천지원 2015.09.09 2015가단3552
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant real estate”) based on the sale on April 25, 1994, as the Daegu District Court Kimcheon-dong, 14464, which was received on May 24, 1994.

B. As to the instant real estate, the Defendant completed the registration of ownership transfer on the ground of sale as of March 5, 2012, by the Daegu District Court Decision 5769, which received on March 5, 2012, as to the instant real estate.

(hereinafter “this case’s transfer registration”). [Ground of recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. The husband C of the Defendant asserted that the Plaintiff’s wife C returned to the Plaintiff’s wife D, and forged the Plaintiff’s future documents, thereby completing the registration of ownership transfer in the name of the Defendant.

The plaintiff did not sell the real estate of this case to the defendant, and there is no fact that the power of representation was granted to D, so the transfer registration of this case is null and void.

Therefore, the Defendant shall implement the procedure for registration cancellation of ownership transfer registration to the Plaintiff.

3. In the event that the registration of transfer of ownership is completed, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration. Thus, in order for the plaintiff to deny it and to seek the cancellation of the registration of transfer of ownership by claiming the invalidity of the grounds for registration, the plaintiff is responsible to assert and prove the facts constituting the grounds for invalidation.

(Supreme Court Decision 2009Da105215 Decided March 13, 2014). In the instant case, there is no evidence to acknowledge that the registration of ownership transfer of the instant case was completed by a forged document or by a person without the power of attorney. Therefore, the Plaintiff’s above assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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