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(영문) 대구지방법원 2018.10.04 2018가단104938
소유권이전등기말소등
Text

1. Defendant B’s donation on January 31, 2018 to the Plaintiff on each real estate listed in the separate sheet.

Reasons

1. The fact that Defendant B, on January 31, 2018, donated each of the real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) to the Plaintiff on January 31, 2018 by the judgment on the Plaintiff’s claim against Defendant B does not conflict between the parties.

Defendant B is obligated to implement the registration procedure for transfer of ownership on January 31, 2018 with respect to each of the instant real estate to the Plaintiff.

2. Determination as to the Plaintiff’s claim against Defendant C and D

A. Basic facts (1) The Plaintiff is the head of Defendant B, and is the head of Defendant C, the South-North.

Defendant D is a child of Defendant C.

(2) On May 23, 2016, the Daegu District Court Cheongdo Office of Cheongdo, the registration of ownership transfer was completed by Defendant B from May 23, 2016 to Defendant C on the ground of donation.

(3) On May 23, 2016, the Daegu District Court Cheongdo Office of Cheongdo District Court (Seoul District Court Cheongdo Office) completed the registration of ownership transfer from Defendant B on the ground of donation from May 23, 2016 to Defendant D.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

B. Defendant B did not have donated each of the instant real estate to Defendant C and D.

The transfer registration of ownership completed by Defendant C and D is null and void.

The plaintiff is a person who has a right to claim the ownership transfer registration of each real estate of this case and seeks to cancel the ownership transfer registration that is null and void by subrogation of defendant B.

C. (1) Since the registration of real estate is presumed to have been completed by legitimate grounds for registration only if it exists formally, the reason for invalidation must be asserted on the part of the assertion that the registration was completed without any reason for registration.

(see, e.g., Supreme Court Decision 95Da39526, Sept. 30, 1997). (2) The following facts are either a dispute between the parties, or evidence Nos. 6 through 10, E. 3, E. 4-1, e.g., evidence No. 4.

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