(영문) 창원지방법원통영지원 2017.09.05 2016가단26166

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(영문) 창원지방법원통영지원 2017.09.05 2016가단26166

소유권말소등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Based on the facts, each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) was registered for the transfer of ownership in the name of the Defendants on October 6, 2016, under the name of the Changwon District Court No. 26418, Oct. 6, 2016, based on the purchase and sale as of October 4, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, and Eul evidence 1, the purport of the whole pleadings

2. The Defendants asserted that the lawsuit of this case was unlawful on the ground that the Plaintiff lacks the capacity as deaf-mutes, and thus, the lawsuit of this case was filed by the person without legal capacity.

However, as examined below, the defendants' prior defense on the merits cannot be accepted, since it cannot be recognized that the plaintiff lacks the plaintiff's mental ability.

3. Determination as to the cause of action

A. (i) The Plaintiff did not prepare a sales contract with the Defendant, and the Defendants forged a sales contract, etc. in the name of the Plaintiff, thereby claiming that the sales contract for each of the instant real estate was not concluded.

In addition, the Plaintiff asserts to the effect that there was no agreement between the Plaintiff and the Defendants with respect to the sale of each of the instant real estate, and that the Plaintiff did not enter into a sales contract on the grounds that the Plaintiff did not receive the sales

If the registration of ownership transfer has been made on the register of Do governor real estate, it shall be presumed that the procedure and cause are legitimate, and if it is proved that there are doubtful circumstances that the procedure and cause are not lawfully carried out, the presumption power shall be broken down.

(See Supreme Court Decision 2002Da46256 delivered on February 28, 2003, etc.). Also, inasmuch as a disposal document is deemed to be genuine, the court is clear that the content of the statement can be denied.

참조판례

-대법원 2003. 2. 28. 선고 2002다46256 판결

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