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(영문) 대구지방법원 김천지원 2018.12.19 2018가단33707
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On the ground that the Defendant, who is the Plaintiff’s child, keeps the Plaintiff’s seal imprint certificate and identification card, the Plaintiff prepared a false gift agreement with the Plaintiff, and completed the registration of transfer of ownership on the ground of the Plaintiff’s gift with the Daegu District Court No. 10319 and 10320, which was received on April 7, 2017, as to Kimcheon-si, Kimcheon-si and D orchard 3,571 square meters owned by the Plaintiff.

B. Therefore, the Defendant is obligated to cancel the registration of ownership transfer concerning each of the instant real estate to the Plaintiff.

2. In a case where the registration of ownership transfer is completed with respect to real estate, the registration titleholder shall be presumed to have acquired ownership based on a legitimate ground for registration as well as the third party, and the former owner shall be presumed to have acquired ownership based on a legitimate ground for registration (see, e.g., Supreme Court Decision 2010Da75648, Nov. 10, 201). The circumstances raising the evidence or question presented by the Plaintiff alone are difficult to acknowledge that the registration of ownership transfer that was completed in the future of the Defendant is invalid, and there is no other evidence to acknowledge otherwise, the Plaintiff’s assertion is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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