1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The assertion and judgment

A. Although a sales contract was not concluded between D and Defendant B with respect to each of the instant real estate claimed by the Plaintiffs, and the purchase price was not paid normally, Defendant B prepared a sales contract concerning each of the instant real estate by making it impossible for D to recognize and make a normal judgment due to shock caused by cancer surgery and senior dementia, etc., and completed the registration of transfer of ownership in the future of Defendant B. The above transfer of ownership constitutes a registration invalidation of cause, and thus, the registration of transfer of ownership constitutes a registration of invalidation of cause, and thus, the registration of establishment of each of the instant real estate by Defendant Company and Defendant C should also be cancelled.

Therefore, the Plaintiff, as a substitute inheritor of D, sought cancellation of each of the above registrations against the Defendants.

B. If the registration of ownership transfer has been made on the register of the real estate determined, the party who asserts the procedure and cause shall be presumed to have been justified, and the party who asserts the unjust cause shall be liable to prove it.

(See Supreme Court Decision 2002Da46256 delivered on February 28, 2003, etc.). As seen earlier, Defendant B is presumed to have acquired ownership by lawfully purchasing each of the instant real estate from D, and as alleged by the Plaintiff, Defendant B is liable to prove that Defendant B completed the registration of ownership transfer by preparing a false sales contract and completing the registration of ownership transfer with respect to each of the instant real estate.