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(영문) 전주지방법원 2019.07.18 2018나2472
소유권이전등기
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. Basic facts

A. The Plaintiff purchased each of the instant land from a third party on March 5, 1976 and completed the registration of ownership transfer on March 12, 1976 with respect to each of the instant land.

B. As to each of the instant lands on February 10, 1978, the registration of transfer of each of the instant lands was completed for the Defendant on the ground of sale as of December 30, 1977.

(hereinafter referred to as “each registration of ownership of this case”). / [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The plaintiff's argument that the plaintiff did not sell each of the lands of this case to the defendant. Thus, the registration of transfer of ownership of this case must be cancelled as a registration invalidation.

Even if each registration of ownership transfer of the instant case cannot be deemed an invalidation of cause, the Plaintiff acquired each of the instant lands by prescription, since each of the instant lands was jointly and openly occupied as the intent to own each of the instant lands for not less than 20 years after the completion of each of the instant respective registrations of ownership transfer.

Therefore, the defendant, who is the owner of each land of this case on the registry, is obligated to implement the cancellation registration procedure for each transfer of ownership of this case to the plaintiff.

B. Determination 1) In a case where the registration of ownership transfer is completed with respect to the real estate to be determined as to the allegation that the cause of the registration of ownership transfer in the instant case, not only the third party but also the former owner is presumed to have acquired ownership based on the legitimate cause of registration, the title holder shall be presumed to have asserted the cause of invalidation (see, e.g., Supreme Court Decisions 94Da10160, Sept. 13, 1994; 94Da10160, Jan. 10, 2013; 2010Da7504, 75051, Jan. 10, 2013). The registration of each transfer of ownership in the instant case, which was completed under the name of the Defendant in the name of the former owner, shall be presumed to have been completed based on the legitimate cause of registration

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