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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s father C and the Defendant, whose father is the Plaintiff’s small father, completed the registration of ownership transfer based on donations each of 1/2 shares as to the instant real estate on October 25, 1994 and November 7 of the same year.
B. C on October 15, 1998, completed the registration of ownership transfer on the ground of the gift made by the 14th day of the same month to D, who is the Plaintiff, as the Plaintiff, on October 15, 1998.
C. D on July 23, 2001, the Defendant completed the registration of ownership transfer on the ground of a gift made on July 19, 2001.
C died on September 7, 200, and the Plaintiff is her child.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserts that C’s completion of the registration of ownership transfer on the instant dispute’s real estate to D on October 15, 1998 is based on title trust, and D again completed the registration of ownership transfer on the instant dispute’s real estate by means of a false conspiracy with the Defendant on July 23, 2001, by means of a false conspiracy with the Defendant. As such, the above registration is entirely null and void, the Defendant is liable to cancel the above registration null and void to the Plaintiff or to implement the procedure for ownership transfer registration on the grounds of the restoration of real name.
B. The real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person who asserts that he/she had registered by the trust of another person shall be liable to prove the title trust.
(see, e.g., Supreme Court Decisions 95Da39526, Sept. 30, 1997; 2007Da90883, Apr. 24, 2008). In addition, the assertion that a juristic act is null and void as a false declaration of conspiracy is liable for proving the fact.
C. D on October 14, 1998, for the instant dispute real estate, D on the ground of donation on October 14, 1998, and the Defendant on July 19, 2001.