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(영문) 수원지방법원 성남지원 2018.05.29 2017가단221050
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the provisional registration of this case was completed on August 31, 2017 on each of the instant real estate owned by the Defendant, who is the mother of the Defendant, on the ground of a trade reservation on August 30, 2017, that the provisional registration of this case was completed on August 30, 2017 between the parties concerned.

2. Judgment on the plaintiff's assertion

A. From September 2016, the Plaintiff asserted that the Plaintiff suffered from depression, anti-competitive disorder, mental disorder, etc. to the present date, resulting from lack of judgment and lack of normal expression of opinion. The Defendant completed the provisional registration of this case by unlawful means for the purpose of seizing each of the instant real estate using such mental state of the Plaintiff. The provisional registration of this case should be cancelled as the grounds for its invalidation or cancellation.

B. The judgment real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists in its form. Although the registrant of the registration claims that he acquired the title of registration for reasons different from those stated in the register, it cannot be said that the presumption of registration itself itself is broken, even if the fact of such assertion is not acknowledged, even in such a case, it shall be held liable to prove the grounds for invalidation (see, e.g., Supreme Court Decision 95Da39526, Sept. 30, 1997). Based on the above legal principles, the following circumstances can be comprehensively taken into account the overall purport of the arguments in this case, namely, ① according to the items of evidence No. 3 and Nos. 6, the Plaintiff suffers from depression and Nos. 3 and No. 6, but it shall not be found that the Plaintiff directly lacks the normal ability to recognize the office of a certified judicial scrivener of Dongdaemun-gu, Seoul due to lack of evidence in each of the above evidence.

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