logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.10.16 2014나2046820
소유권말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts of recognition may be found either by dispute between the Parties or by entry in Gap evidence 1 to 5 (including a paper number; hereinafter the same shall apply):

The deceased I (hereinafter referred to as “the deceased”) died on February 20, 2014, and his husband was the inheritor, and there is Defendant C, Plaintiff B, Defendant D, and E, who is the husband of the Plaintiff A and his children.

B. Of F land, G land, and H land owned by the deceased, Defendant C completed the registration of transfer of ownership based on a donation made on January 27, 2014 with respect to F land on February 11, 2014, Defendant D’s transfer of ownership based on G land on January 27, 2014, Defendant E’s transfer of ownership based on a donation made on January 27, 2014, and Defendant E’s transfer of ownership based on H land on February 11, 2014, respectively.

(hereinafter referred to as “each registration of ownership transfer of this case” with respect to F land, G land, and H land.

On March 7, 2014, the Defendant Republic of Korea completed the registration of the establishment of a collateral on March 3, 2014, based on a contract to provide security for tax payment with Defendant E.

2. Determination as to the cause of claim

A. The plaintiffs' assertion C, D, and E have the custody of the deceased's seal imprint, forged the donation contract under the deceased's name, and completed each of the registrations of ownership transfer in this case.

The registration of transfer of ownership in this case shall be cancelled as the registration of invalidation of the cause, and the defendant Republic of Korea is obligated to declare his intention of acceptance with respect to the cancellation of the above transfer of ownership, since the registration of transfer of ownership on the H land in the name of defendant E, which is null and void, was completed based on the registration

B. Determination 1) As long as the registration of ownership transfer on the registry of real estate has been completed, the procedure and cause thereof shall be presumed to be legitimate, and the party who asserts the procedure and cause thereof shall be liable to prove the unjust enrichment (see Supreme Court Decisions 2001Da72029, Feb. 5, 2002; 2008.)

arrow