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(영문) 광주지방법원 2020.06.05 2019나4089
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff owned shares 9,184/68,464 out of 68,464 square meters in Young-gun, Young-gun, Young-gun, Young-gun, which was based on the facts of the foundation. As to the shares 4,592/68,464 out of the above shares (hereinafter “instant shares”), the registration of ownership transfer under the Defendant’s name (hereinafter “instant registration of ownership transfer”) was completed on the ground of sale as of December 20, 1994 on the ground of the foregoing shares as of January 11, 1995.

[Ground of recognition] Facts without dispute, entry of evidence No. 2-1, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s registration of transfer of ownership in this case was completed by forging a sales contract, etc. with the Plaintiff’s husband, and the Defendant is obliged to implement the procedure for cancellation of transfer of ownership in this case, which is null and void for the Plaintiff.

B. In a case where the registration of ownership transfer is completed with respect to (i) real estate, barring any special circumstance, it is presumed that the registration titleholder has lawfully completed the cause and procedure (see, e.g., Supreme Court Decision 2001Da72029, Feb. 5, 2002). The registration titleholder is presumed not only to a third party, but also to have acquired ownership based on a legitimate cause of registration, and thus, the grounds for invalidation should be asserted in the grounds for appeal.

(See Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013, etc.). In light of the foregoing legal doctrine, as long as the registration of ownership transfer of the Defendant’s name based on sale and purchase of the instant shares was completed with respect to the instant shares, the Defendant is presumed to have acquired ownership based on legitimate grounds for registration. As such, the Defendant’s acquisition of ownership is presumed lawful grounds for registration by forging documents necessary for the registration of ownership transfer by the Defendant, etc., to the effect that the registration of ownership transfer was completed against the Plaintiff’

However, the evidence presented by the Plaintiff alone is only EB.

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