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(영문) 광주지방법원 2017.07.07 2017나465
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Plaintiff’s assertion

On March 194, the Plaintiff: (a) transferred the ownership of the instant forest to the Defendant upon the Defendant’s request from the Defendant, who was a friendly friendly son, to obtain a loan from the Government; and (b) transferred the ownership of the instant forest to the Defendant; and (c) the Defendant did not receive benefits from the Government using the instant forest; and (d) accordingly, the Defendant is obliged to transfer the ownership of the instant forest to the Plaintiff, a real owner.

In addition, the defendant asserted that the plaintiff purchased the forest of this case from the plaintiff, and did not submit all evidence proving the sales contract or the payment of the purchase price.

Therefore, the registration of transfer of ownership in the Defendant’s name as to the instant forest is completed without any cause, and is null and void or null and void as a registration made under a title trust agreement. Thus, the Defendant should implement the procedure for transfer registration based on the restoration

Judgment

Where the registration of ownership transfer is completed with respect to real estate, not only the third party, but also the former owner is presumed to have acquired ownership based on legitimate grounds for registration. Thus, the disputing party shall assert and prove the grounds for the invalidation (see, e.g., Supreme Court Decisions 94Da10160, Sept. 13, 1994; 2002Da46256, Feb. 28, 2003). The registration of real estate is valid because it is not reflected in the process or form that led to the public announcement of the current real right state. Thus, when the former owner acquires real estate from the former owner, the former owner has lawfully acquired real estate for any other reason without following the grounds for registration entered in the register, and asserts that the form or process of the act is somewhat different, and only such assertion is asserted.

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