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 reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the third to fourth of the third to fourth of the judgment of the court of first instance shall be dismissed as follows; and (b) the judgment of the court of first instance is dismissed.
Except for the addition of the phrase “determination on a judgment” as referred to in subparagraph (a) of the same paragraph, it is identical to the grounds of the judgment of the first instance, and thus, it is cited in accordance with the main sentence of Article
[Murder, where a registration of ownership transfer has been made, the registered titleholder shall be presumed to have obtained ownership from a third party as well as from the former registered titleholder through legitimate grounds for registration (see Supreme Court Decision 2009Da105215, Mar. 13, 2014). In addition, where the registration of ownership transfer was made by an act of disposal involving a third party, not from the former registered titleholder, but from the latter registered titleholder’s direct act of disposal, where the former registered titleholder obtains the right of representation from the former registered titleholder, or the former registered titleholder obtains the permission of the latter, the former registered titleholder’s act of disposal is presumed to have been duly made. Thus, the former registered titleholder seeking the cancellation of the registration on the ground that the above registration is null and void, who is the former registered titleholder, bears the burden of proving that the former registered titleholder did not have the authority to act on behalf of the third party or consent of the latter registered titleholder, or that the latter was forged by a third party, who is the former registered titleholder’s act of disposal, in light of the legal principles as seen above.