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(영문) 서울북부지방법원 2018.06.27 2017가단115313
소유권이전등기말소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer based on the sale on June 8, 2005, No. 33931, which was received on June 10, 2005, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Defendant completed the registration of ownership transfer on the instant real estate due to the sale on September 7, 2016 (hereinafter “the instant sale”) under Seoul Northern District Court Decision 76534, which was received on September 7, 2016, as Seoul Northern District Court Decision 76534.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. The Plaintiff’s assertion that the instant sales contract was concluded without the power of attorney on the ground that C, one of the Plaintiff, has the Plaintiff’s identification card and seal impression.

The registration of the name of the defendant shall be cancelled because it has become without the cause.

B. According to the facts found, since the registration of ownership transfer under the name of the Defendant has been completed, it is presumed that the Plaintiff, the former owner, has acquired ownership by legitimate grounds for registration (see Supreme Court Decision 2009Da105215, supra). The evidence alone presented by the Plaintiff is insufficient to reverse the presumption power of the register, and to recognize the registration of the name of the Defendant as invalid due to

3. The plaintiff's claim is dismissed.

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