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(영문) 수원지방법원안양지원 2014.11.07 2014가합101847
소유권말소등기
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The deceased I (hereinafter “the deceased”) died on February 20, 2014, and his heir was the Plaintiff C, Plaintiff B, Defendant D, and E, the husband of the deceased.

B. Of F land owned by the Deceased, G land, and H land, Defendant C completed the registration of ownership transfer based on a donation made on January 27, 2014 with respect to F land on February 11, 2014, Defendant D’s land on February 12, 2014, the registration of ownership transfer based on a donation made on January 27, 2014 with respect to G land made on February 12, 2014, Defendant E completed the registration of ownership transfer based on a donation made on January 27, 2014 with respect to H land made on February 11, 2014.

(F) Each registration of ownership transfer with respect to F land, G land, and H land (hereinafter “each registration of ownership transfer of this case”).

On March 3, 2014, Defendant Republic of Korea completed the registration of the establishment of a neighboring mortgage on H land on March 7, 2014, on the ground that Defendant E concluded a contract for the provision of security for tax payment with Defendant E.

[Ground for recognition] Unsatisfy

2. Determination on the cause of the claim

A. The plaintiffs' assertion that Defendant C, D, and E had custody of the deceased's seal imprint, forged the donation contract under the deceased's name, and completed each of the instant registrations of ownership transfer concerning F-land, G land, and H land owned by the deceased. As such, each of the above registrations of ownership transfer should be cancelled as the cause becomes null and void. The defendant Republic of Korea has a duty to accept the plaintiffs' claim for cancellation of the above transfer of ownership transfer registration as to H land, since the above transfer of ownership registration was completed based on the registration of ownership transfer as to H land in the name of the defendant

B. If a registration has been made on any real estate subject to judgment, it shall be presumed that it has been made lawfully in its cause and procedure unless there are any special circumstances (see Supreme Court Decision 2001Da72029, Feb. 5, 2002). Therefore, the party asserting the procedure and the cause are liable to prove it.

A. Domins, A. 6, 7, A. 8-1 through 6, A.

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