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(영문) 부산지방법원 2015.05.26 2014가단215976
소유권말소등기
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 network C and the network D had Defendant, Plaintiff, and E under the chain.

B. When the deceased C died on September 29, 1967, the deceased D, the defendant, the plaintiff, and E inherited shares (the deceased D1/6, 3/6, 1/6, 1/6, and 1/6) of each land listed in the separate sheet (hereinafter "land of this case") owned by the deceased C, and completed the registration of transfer of ownership for each of the inheritance shares of the land of this case as to the inheritance shares of the Busan District Court's Busan District Court No. 35921, Sep. 11, 1969, as the receipt of No. 35921, Sept. 29, 1967.

C. Since then, the defendant completed the registration of transfer of ownership in the name of the defendant on the ground of the shares in inheritance of each of the land in the deceased's D, plaintiffs, and E, which were received on November 3, 1970 by the same registry office, No. 58534, Oct. 28, 1970.

(2) The part concerning the registration of transfer of ownership in the name of the Defendant with respect to the Plaintiff’s share (hereinafter referred to as “instant ownership transfer”). 【No dispute exists concerning the Plaintiff’s share, and each entry in Gap evidence 1 through 4 (including additional number)

2. Determination as to the cause of action

A. Although the Defendant did not purchase the share of the land of this case from the Plaintiff, he forged the sales contract and completed the registration of ownership transfer of this case, it shall be deemed null and void. The Plaintiff, based on a real right claim based on ownership, seeks to implement the procedure for cancelling the registration of ownership transfer of this case as to the Plaintiff’s share of the land of this case to the Defendant.

B. In the event that the registration of ownership transfer is completed with respect to the judgment real estate, the registrant of the registration is presumed to have acquired ownership from the former owner through legitimate procedures and causes as well as from the third party. Therefore, the fact that the registration is invalid due to improper procedures and causes are the burden of proof for the claimant (see, e.g., Supreme Court Decision 9Da65462, Mar. 10, 200).

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