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(영문) 의정부지방법원 2018.10.11 2018나200458
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. As to the instant real estate, the registration of ownership transfer was completed in the name of E on March 6, 1967 from the network D, and thereafter the registration of ownership transfer was completed in the name of the Defendants on April 10, 2008 as to shares of 1/2 following the following day on the grounds of sale and purchase.

B. The deceased F is a person who succeeds to the property of the deceased F as a lineal descendant of the deceased D, and the Plaintiff is the heir of the deceased F, who is asserting that the Plaintiff inherited the property of this case to the heir of the deceased F by the agreement on the division of inherited property.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 2, Eul evidence 3 and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion D does not have any entry into a sales contract with the former owner E with respect to the instant real estate, and thus, the sale certificate is forged and the registration of ownership transfer is null and void. Since the Defendants, who received the registration of ownership transfer from E, are also null and void, the Defendants are obliged to complete the registration of ownership transfer based on the restoration of real name with respect to the instant real estate by the Plaintiff, who succeeded to the property of the network D and networkF.

B. On the other hand, even though the plaintiff is the sole heir of the real estate of this case, if the registration of ownership transfer is completed, not only the third party, but also the former owner is presumed to have acquired the ownership by legitimate grounds for registration. On the other hand, the registration of real estate is valid even if the current real right state is publicly announced without reflecting the process or form that led to such public announcement. Thus, in acquiring the real estate from the former owner, the former owner has lawfully acquired the real estate for other reasons without following the grounds for registration entered in the register, and the latter argues that the form or process of the act of registration is somewhat different.

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