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(영문) 서울중앙지방법원 2018.11.29 2017가단5076391
부동산소유권 이전등기 말소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. (1) The facts of recognition (1) D is a person with the U.S. citizenship who lost the nationality of the Republic of Korea on March 13, 1992, who is a bicker.

On April 16, 2013, hospital(E) was hospitalized and died at around 8:18 A.M. on April 19, 2013.

As a wife of D, the Plaintiff is the deceased’s heir.

(2) The Deceased completed the registration of ownership transfer on August 7, 2003 on the instant real estate based on sale on July 1, 2003.

(3) As the deceased’s leakage, the Defendant, even though having not concluded a sales contract with the deceased with respect to the instant real estate as the sales price of KRW 160,000,000 with respect to the deceased, he/she was in his/her custody, prepared a sales contract on March 16, 2013 using his/her seal imprint and resident registration certificate, and completed the registration of the instant transfer on April 18, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 10 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts of recognition, since the registration of the transfer of this case is invalid, the defendant should implement the procedure for the cancellation of the registration of the transfer to the plaintiff, barring special circumstances.

2. In light of the following facts acknowledged by the Defendant’s determination as to the Defendant’s assertion: (a) the statement of the evidence Nos. 1 through 10; (b) the F Bank and G Bank’s order to submit each financial transaction to the F Bank and G Bank; and (c) the results of the fact inquiry to the head of the Seoul Immigration Office based on the overall purport of the pleadings, it is reasonable to deem that the deceased actually purchased the above real estate from H at the time of completing

Therefore, the registration of transfer in the name of the deceased is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the defendant claims the registration of transfer of ownership against H as the preserved right.

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