Cases of misapprehending the legal principles on the presumption power of registration;

If the registration of ownership transfer is made in the name of the defendant on this parcel of land, it shall be presumed that the defendant acquired ownership on this parcel of land through a sale as stated in the registration. Therefore, the court below cannot deny the fact that the defendant acquired ownership on this parcel of land by disregarding the presumption of registration before actively recognizes the fact that the defendant had not purchased the land due to evidence and that the registration was passed

Article 186 of the Civil Act

Plaintiff

Defendant 1 and one other

Seoul High Court Decision 66Na2969 delivered on June 28, 1967

The original judgment shall be reversed, and

The case is remanded to Seoul High Court.

The defendants' agent's ground of appeal No. 2 is examined.

According to the judgment of the court below, the court below rejected the above defendant 2's assertion, on September 1962, that defendant 2 purchased 20 square meters from the non-party who is the plaintiff's agent as the plaintiff's child, and that the plaintiff's agent acquired 20 square meters from the non-party who is the plaintiff's agent. The defendant 2's statement of No. 2 cannot be admitted

However, as to the land of 20 square meters as the original edition, since the fact that the registration of ownership transfer was passed under the name of Defendant 2 is no dispute between the parties, Defendant 2 is presumed to have acquired the ownership of the land as a result of the sale, such as the entry in the registration, and thus, the court below, based on evidence, may not deny the fact that Defendant 2 acquired the ownership of the land of 20 square meters in this case due to disregarding the presumption of registration, even though it is not possible to deny the fact that Defendant 2 acquired the ownership of the land of 20 square meters in this case due to the lack of the purchase by Defendant 2 as to the above 20 square meters in this case, the court below's rejection of the Defendants' assertion cannot be deemed to have erred by misapprehending the legal principles on the presumption of registration, and there

Therefore, without any further proceeding to decide on the other grounds of appeal, the final appeal is justifiable. Therefore, Article 406(1) of the Civil Procedure Act provides that the judgment is delivered with the assent of all participating judges.

Supreme Court Judge Madung (Presiding Judge) Kim Mag-mar Red leapon