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(영문) 대전고등법원 2018.01.25 2017나13258
소유권이전등기말소 등
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this part of the facts admitted by the court is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. In the first instance trial, the Plaintiff claimed implementation of the procedure for the registration of creation of the instant collateral security and the cancellation of ownership transfer registration of the instant case. The first instance court accepted the request for the execution of the procedure for the registration of cancellation of the instant collateral security registration, and dismissed the request for the execution of the procedure for registration of cancellation of ownership transfer registration of the instant case.

As a result, the Plaintiff appealed only and filed an appeal, and thereafter, the Defendant added a preliminary claim seeking payment of KRW 200 million, including KRW 200 million and KRW 200 million, out of the real estate purchase price of this case 1 and KRW 300 million, and the scope of the judgment of this court is limited to a preliminary claim seeking the cancellation registration of the ownership transfer registration of this case and the propriety of the claim for the payment of the real estate purchase price of this case.

3. Determination on the claim for the performance of the procedure for registration of cancellation of ownership transfer registration of this case

A. The registration of ownership transfer of the Plaintiff’s assertion is the registration of invalidity of cause completed according to the contract concluded by the Plaintiff and the Defendant with a view to evading F’s compulsory execution on the instant real estate.

The defendant is obligated to implement the procedure for the cancellation registration of ownership transfer of this case to the plaintiff.

B. 1) Where the registration of ownership transfer has been completed, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration. In order for the Plaintiff to deny this and to seek the cancellation of the registration of ownership transfer by asserting the invalidity of grounds for registration, the Plaintiff and the Defendant are liable to assert and prove the facts constituting grounds for invalidation (see, e.g., Supreme Court Decision 2009Da105215, Mar. 13, 2014).

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