(영문) 서울서부지방법원 2018.04.19 2017가단210252

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(영문) 서울서부지방법원 2018.04.19 2017가단210252

소유권말소등기

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are children of the deceased G (the deceased on August 14, 1973, hereinafter “the deceased”) and H is the deceased’s spouse.

B. The registration of ownership transfer was completed on December 12, 1970 with respect to each of the instant real estate, but the registration of ownership transfer was completed on December 21, 2001 due to the death of the deceased, on December 21, 2001, based on H and the Plaintiffs’ share of 1/5 of each of the instant real estate on August 14, 1973.

C. Meanwhile, on November 20, 2001, H and the Plaintiffs entered into a contract to donate each of the instant real estate to the Defendant’s school (hereinafter “instant donation contract”) and completed the registration of transfer of all co-owners’ share shares based on the said donation in the Defendant’s school on December 21, 2001, but the Plaintiff completed the registration of transfer on January 22, 2002 for each of the instant real estate on January 16, 2002.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 1 and 7 evidence, the purport of the whole pleadings

2. Judgment as to the main claim

A. Since the assertion that the plaintiffs did not have donated each of the instant real estate to the defendant school, and the transfer registration of ownership in the name of the defendant school is based on the gift agreement forged by the defendant F, and the cause is null and void and the transfer registration of ownership in the defendant original city is also null and void, each of the above registrations must be cancelled.

B. If the registration of ownership transfer has been completed, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration. Thus, in order for the plaintiff to deny it and to seek the cancellation of the registration of ownership transfer by claiming the invalidation of the grounds for registration, the plaintiff is responsible to assert and prove the facts constituting the grounds for invalidation.

(see, e.g., Supreme Court Decision 2009Da105215, Mar. 13, 2014). Such a legal doctrine.

참조판례

-대법원 2014. 3. 13. 선고 2009다105215 판결

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