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(영문) 서울서부지방법원 2014.12.24 2013가단38285
소유권이전등기말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The real estate listed in the separate list of basic facts (hereinafter “instant real estate”) was owned by the Plaintiff. On July 19, 2010, Defendant B, on June 16, 2010, the ownership transfer registration was completed on the ground of sale.

(Seoul Western District Court No. 39234, Apr. 5, 2012). Defendant B completed the registration of ownership transfer for the instant real estate on April 1, 2012 to Defendant C on April 1, 2012.

(Seoul Western District Court No. 19056, No. 19056, hereinafter referred to as the "Registration No. 2 of this case"). (No dispute over the facts recognized), Gap evidence No. 2, and the purport of the whole pleadings.

2. Assertion and determination

A. The registration No. 1 of the Plaintiff’s assertion is null and void, where the Plaintiff was under long-term hospitalization treatment due to cerebral typosis, and Defendant B forged a sales contract under the name of the Plaintiff and made it invalid.

Defendant C received the registration of ownership transfer from Defendant B with the knowledge that the instant real estate was owned by the Plaintiff and is not a legitimate owner, and thus, the registration of the instant real estate is also null and void.

Therefore, the Plaintiff, Defendant B, and Defendant C are obligated to perform the registration procedure for cancellation of the registration of the instant case No. 2.

B. In the event that the registration of ownership transfer is completed with respect to the judgment real estate, the registrant shall be presumed to have acquired the ownership of the previous owner through legitimate procedures and causes, as well as with respect to the third party. Therefore, the fact that the registration is invalid due to improper procedures and causes is the burden of proof for the claimant.

(See Supreme Court Decision 9Da65462 delivered on March 10, 2000, etc.). Real estate registration is valid even if the current state of true rights is publicly announced without reflecting the process or form that led to such public announcement. As such, a registrant asserts that the form or process of a cause of registration differs somewhat from that of a cause of registration, and only such assertion is asserted.

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