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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 16, 191, the registration of transfer of ownership was completed under the Plaintiff’s name on the ground of “trade on July 15, 1991,” with respect to the Nam-gu Seoul metropolitan area 221 square meters. Around September 9, 1995, the Plaintiff newly constructed a cement brick structure slves slves roof 88.32 square meters on the ground of the above land. C. On December 26, 1996, the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) was completed under the Defendant’s name on the ground of “trade on December 24, 1996.”
The plaintiff and the defendant are the relationship between Magman and Magman.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Although the Plaintiff did not sell the real estate of this case to the Defendant, the registration of transfer of ownership of this case was made based on false documents, so the registration of transfer of ownership of this case shall be cancelled as the cause invalidation.
3. Determination
A. Where a registration has been completed with respect to any real estate, barring special circumstances, it is presumed that it has been completed lawfully in its cause and procedure (see, e.g., Supreme Court Decision 2001Da72029, Feb. 5, 2002). Therefore, the party who asserts illegality in its procedure and cause is liable to prove it.
B. In light of the above, it is difficult to acknowledge the Plaintiff’s assertion only with the statement No. 6 and the result of the Plaintiff’s personal examination, which seems consistent with the Plaintiff’s assertion. The remainder of evidence submitted by the Plaintiff alone is difficult to recognize that the Defendant had completed the registration of ownership transfer of this case even though the Defendant did not conclude a sales contract with the Plaintiff, and there is no other evidence to acknowledge
4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.