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(영문) 광주지방법원해남지원 2019.02.19 2018가단201488
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the mother of the defendant.

B. The Plaintiff was the owner of each real estate listed in the separate sheet.

C. On November 8, 2011, receipt No. 10560, Nov. 8, 201, the registration of ownership transfer based on donation was completed in the name of the defendant with respect to each real estate listed in the separate sheet Nos. 1 through 3.

Attached Form

With respect to each real estate listed in the list 4 and 5, the registration of ownership transfer was completed in the name of the defendant on August 1, 2012 by the Jindo District Court No. 6868, which was received on August 1, 2012.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. The plaintiff's assertion did not have donated each real estate listed in the separate sheet to the defendant.

Therefore, since the ownership transfer registration in the name of the defendant with respect to each real estate listed in the separate sheet is entirely null and void, the defendant is obligated to implement the procedure for cancellation registration.

3. Since the ownership transfer registration on the real estate in question has the ability to presume that the registration is null and void on the ground that there is a lack of proof as to the grounds for registration, unless the grounds for invalidation are asserted and proved by the party disputing the registration.

(Supreme Court Decision 79Da741 delivered on June 26, 1979). Meanwhile, in a case where the registration of ownership transfer is completed on real estate, the registrant is presumed not only to the third party, but also to have acquired the ownership by legitimate grounds for registration, and thus, the grounds for invalidation should be asserted and proved in the disputing part.

(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). As to the instant case, the registration of transfer of ownership in the name of the Defendant with respect to each of the instant real estate is presumed to have been completed lawfully, and the Plaintiff who contests the registration shall assert and prove the grounds for invalidation.

However, the plaintiff submitted.

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