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(영문) 서울중앙지방법원 2015.09.10 2015가단838
소유권이전등기등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts of recognition D was administered with cancer and died on October 29, 2014.

(hereinafter referred to as “D.” The Plaintiffs and the husband E of the Defendant are the deceased’s inheritors as the siblings.

On October 22, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by the deceased, the registration of transfer of ownership in the Defendant’s future (hereinafter “the instant registration of transfer”) was completed on October 27, 2014 on October 27, 2014 by the Seoul Central District Court Branch Registry No. 48368.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings.

2. The gist of the plaintiffs' assertion is that the registration of transfer of ownership of this case was based on forged documents, even though there was no sales contract between the defendant and the deceased, or it was based on the invalid sales contract concluded with the deceased without normal decision-making ability or separation ability before the deceased's death. Thus, the registration of transfer of ownership of this case is invalid.

Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer for the plaintiffs' shares in their respective inheritance shares in the real estate of this case and the procedure for the registration of cancellation of ownership transfer for the remaining shares in this case.

2. As long as the registration of ownership transfer of the judgment real estate has been completed, it shall be presumed that the procedure and cause thereof are legitimate, and the party who asserts the procedure and cause thereof shall be responsible to prove it;

(See Supreme Court Decision 2002Da46256 delivered on February 28, 2003). In light of each of the descriptions of health belts and Eul evidence Nos. 1-11 (including paper numbers) in the instant case, each of the descriptions of evidence Nos. 3, 4, 8, and 9, merely based on the descriptions of evidence Nos. 3, 4, 8, and 9, put up for forged documents even though the registration of ownership transfer was not made between the defendant and the deceased, or the deceased has a normal decision-making ability.

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