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1. The plaintiff's claim against the defendant (appointed party) and the appointed party is dismissed in entirety.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion is the owner of each real estate listed in the separate sheet No. 2 (hereinafter “instant land”).
The plaintiff did not delegate his right such as the registration of transfer of ownership to the land of this case. C (the name before the opening of the name: D) which is the plaintiff's son (the plaintiff's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son
However, the registration of ownership transfer in the name of the Defendants is completed by means of a forgery letter, notarial deed, and sales contract that is forged by the Defendants. Therefore, the Plaintiff is entitled to seek implementation of the procedure for registration cancellation of the above registration against the Defendants by exercising the claim for exclusion of disturbance based on ownership of the instant land
B. Determination 1) Where a registration has been made on any real estate, it shall be presumed that the registration has been made lawfully in the cause and procedure, barring any special circumstance. Thus, the party asserting the illegality of the procedure and cause is responsible for proving it, and where the registration of ownership transfer has been completed on any real estate, it shall be presumed that not only the third party but also the owner of the real estate has acquired the ownership by legitimate cause of registration (see, e.g., Supreme Court Decisions 9Da65462, Mar. 10, 200; 2001Da72029, Feb. 5, 2002). In full view of each of the arguments mentioned in subparagraphs 1 through 6 (including several numbers), the Plaintiff delegated all matters concerning the disposal of the land in this case to C, who is the wife of the Plaintiff as of November 3, 2009, as well as to the third party.