(영문) 제주지방법원 2020.02.17 2018가단10004

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(영문) 제주지방법원 2020.02.17 2018가단10004

소유권이전등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 9, 2018, the registration of this case was completed on the ground of “donation on March 26, 2018,” among the instant real estate owned by the Plaintiff.

The defendant is a father and wife of the plaintiff.

[Ground of recognition] Evidence Nos. 1-1 and 2-2, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion does not constitute a gift of 1/2 of each of the real estate in this case to the defendant.

In spring 2018, the Defendant found the Plaintiff in spring kidne, and concluded that “the Plaintiff’s seal impression and the certificate of personal seal impression are necessary to lease a common apartment,” and that the Plaintiff issued a certificate of personal seal impression, and the Plaintiff issued a certificate of personal seal impression on behalf of the Plaintiff, and then forged a gift contract stating that “the Plaintiff shall donate each of the real estate in this case to the Defendant,” and then submitted the forged contract and the certificate of personal seal impression issued by proxy as an application document for the registration of this case.

Therefore, the registration of this case shall be cancelled because it is a registration of invalidation without any cause and a registration of invalidation by forgery documents.

3. Determination

A. The real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and is responsible for the assertion and proof of the grounds for registration in the way that the grounds for registration are alleged to be invalid.

(Supreme Court Decision 95Da39526 delivered on September 30, 1997, etc.). B.

With respect to the plaintiff's assertion on the ground that the registration of this case is invalid without any ground, or that the registration of this case is invalid by forged documents, it is insufficient to recognize this only with the entries of Gap evidence Nos. 4 through 7 (including each number), or the fact inquiry results with respect to Jeju University Hospital Head of this Court, and there is no other sufficient evidence to acknowledge this differently.

C. Rather, evidence Nos. 2-3 (the same as evidence Nos. 3-4) and No. 4, and the purport of the whole pleadings as to witness D’s testimony.

참조판례

-대법원 1997. 9. 30. 선고 95다39526 판결

유사 판례

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