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(영문) 창원지방법원 2020.07.03 2019나62304
소유권말소등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on November 13, 2007 in the name of C (hereinafter “E”) on the real estate listed in the separate sheet (hereinafter “instant apartment”) due to the sale on August 8, 2007, and the registration of ownership transfer was completed in the name of the Plaintiff on February 19, 2009.

Since then, on April 6, 2018, the registration of transfer of ownership in the name of the defendant (hereinafter “the registration of transfer of ownership”) was completed on April 6, 2018 for the instant apartment due to the sale as of April 6, 2018.

B. E is the Plaintiff’s birth, and D is the father of the Plaintiff and E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff entrusted the Plaintiff E with the disposal of the instant apartment owned by the Plaintiff to a third party. In contrast to the intent of delegation, E completed the registration of transfer of ownership in the name of the Defendant, who was in a de facto marital relationship with the Plaintiff instead of disposing of it to a third party, and the Defendant actively participated in the foregoing breach of trust.

Since the ownership transfer registration of this case was made in accordance with the legal act of anti-social order and the cause invalidation is registered, the defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration of this case to the plaintiff, the owner of the apartment

B. Defendant 1) The registration of ownership transfer was completed in the name of the Plaintiff on November 13, 2007 with respect to the instant apartment, and on February 19, 2009, under the name of the Plaintiff, but the registration of ownership transfer in the name of the Plaintiff was invalid for the cause caused by D’s unauthorized representation or anti-social order legal act. Thus, the owner of the instant apartment is not the Plaintiff, and the Defendant acquired the ownership transfer of the instant apartment from E, a legitimate owner, and thus, the ownership transfer registration of the instant apartment is valid (hereinafter “the foregoing assertion”).

[2] The Plaintiff purchased the instant apartment from E.

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