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1. The Defendant received on April 13, 201 from the Seoul Western District Court as to each real estate stated in the attached list to the Plaintiff.
Reasons
1. Basic facts
A. On July 13, 2004, the Plaintiff and Nonparty C, the mother of the Defendant, purchased each real estate listed in the separate sheet (each of the instant real estate) and completed the registration of ownership transfer. However, on March 24, 201, the registration of ownership transfer based on gift was completed.
B. In addition, on April 6, 2011, the provisional registration of the right to claim ownership transfer (the provisional registration of this case) made C to a person holding a provisional registration on April 13, 201 as the Seoul Western District Court received on April 13, 2011 as the receipt of the provisional registration No. 15954 for each of the instant real estate.
C. On March 1, 2017, the Defendant transferred the right under the provisional registration of this case from C, and completed the supplementary registration prior to the provisional registration on March 3, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings
2. The defendant asserts that C is not the owner of each real estate of this case, and there is no standing to seek cancellation of the provisional registration of this case against the defendant, since C has trusted each of the real estate of this case in the form of donation to the plaintiff to avoid heavy taxation on real estate.
However, in a lawsuit for performance, the plaintiff's standing to sue is determined by the plaintiff's assertion itself, and it does not require the plaintiff to be the person entitled to demand performance. In addition, as long as the registration of ownership transfer in the name of the plaintiff has been completed with respect to each real estate of this case, the plaintiff is presumed to have acquired the ownership of the above real estate based on legitimate grounds for registration, and there is not sufficient evidence to acknowledge that C followed the above presumption and registered the title trust of each real estate of this case to the plaintiff, and there is no other evidence to acknowledge it differently.
Therefore, the Plaintiff’s owner of each real estate of this case.