(영문) 창원지방법원 2015.10.02 2014가단19717

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(영문) 창원지방법원 2015.10.02 2014가단19717

소유권이전등기말소등기

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Each real estate listed in the separate list of basic facts (hereinafter “each of the real estate of this case”) was owned by D, a father of the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”). D died on February 23, 1946, and E inherited by their children. On August 16, 1968, E died on the death of August 16, 1968, resulting in the Plaintiffs’ inheritance of F and their children.

Attached Form

The registration of ownership transfer in the name of F and the plaintiffs was completed as of September 9, 1989 by the Changwon District Court received on September 9, 1989. On the same day, the registration of ownership transfer in the name of the defendant was completed as of September 1, 1989 by the court received on the same day as of September 1, 1989.

Attached Form

The registration of ownership transfer in the name of F and the plaintiffs was completed as of September 12, 1989 by the above court No. 37184 on September 12, 1989. On the same day, the registration of ownership transfer in the name of the defendant was completed due to the sale on August 15, 1989 by the court No. 37185 on the same day.

(2) Each registration of ownership transfer in the name of the defendant with respect to each of the instant real estate (hereinafter referred to as “each of the instant real estate”). 【No dispute exists over the grounds for recognition’, each of the entries (including the provisional number), the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

(a) insofar as the registration of ownership transfer has been made on the register of the estimated real estate subject to registration, it shall be presumed that the procedure and cause for the response are justified, and the party asserting the unjust conduct of the procedure and cause thereof shall be liable to prove it. However, if there is a doubt that the registration procedure has not run lawfully, the presumption power shall be broken.

(B) Supreme Court Decision 2001Da72029 Decided February 5, 2002 and Supreme Court Decision 2002Da46256 Decided February 28, 2003, etc.

The plaintiff's assertion 1 of the parties did not sell the real estate of this case to the defendant, and each of the real estate of this case.

참조판례

-대법원 2002. 2. 5. 선고 2001다72029 판결

-대법원 2003. 2. 28. 선고 2002다46256 판결

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