logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.12.20 2015가단217996
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The land of 846 square meters (hereinafter “instant land”) and the land of 1359 square meters (hereinafter “instant land”) prior to E was owned by G, the original Plaintiff and F’s attachment.

Each of the above lands has been transferred the ownership as follows:

The Plaintiff, on February 12, 200, registered on March 24, 2001 (the donation on February 8, 2000) Plaintiff B on May 16, 1995 (the sale on April 30, 200), on May 20, 2002, Defendant B registered on May 24, 2007 (the sale on April 30, 200), on January 24, 2007

B. When each of the instant lands was transferred to I on March 24, 2001, the seller’s registration of transfer of ownership was provided by F, which is another type of punishment of the Plaintiff.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including additional numbers), witness F, I's testimony, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the ownership of each land of this case was transferred from the Plaintiff to I is null and void by forging the necessary documents, such as the Plaintiff’s certificate of personal seal impression, and thus, the Defendants, the owners of each land of this case, are liable to implement the procedure for ownership transfer registration due to the restoration of real name to the Plaintiff, the genuine owner.

B. In a case where the registration of ownership transfer has been completed with respect to real estate determined as to the plaintiff's assertion, the registered titleholder is presumed to have acquired ownership based on legitimate grounds for registration even with respect to the former owner, and thus, the grounds for invalidation should be asserted and proved in the dispute.

(See Supreme Court Decision 79Da741 delivered on June 26, 1979, Supreme Court Decision 92Da46059 delivered on May 11, 1993, etc.). As seen earlier, the registration of ownership transfer has been completed in the name of the Defendants on each of the instant land. As such, the Plaintiff should prove the grounds for invalidation of the above registration in this case.

2. The plaintiff

arrow