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(영문) 전주지방법원 2014.07.03 2013가단11326
소유권이전등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Each of the instant real estate was owned by D (E). On May 12, 201, the registration of ownership transfer was completed on the grounds of sale as of April 28, 201 in the Defendant B, and thereafter, the registration of ownership transfer was completed on September 24, 2012, and the registration of ownership transfer was completed on October 26, 201 in the Defendant C’s future.

B. D The Plaintiff died on September 2, 2012, and D’s son died on November 21, 2008, the former F, and the Plaintiff’s son.

[Evidence] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. As the Plaintiff’s assertion points out, the registration of transfer of ownership completed in the future of Defendant B on each of the instant real estate was completed in a state where D was unable to recognize and make a normal judgment due to shock caused by cancer surgery and senior dementia, etc., and thus, the actual sales contract was not concluded, and thus, the registration of invalidation of cause is subject to cancellation of registration of invalidation of cause. The registration of transfer of ownership of each of the instant real estate by Defendant Company and Defendant C should also be revoked

The plaintiff, as a substitute inheritor of D, seeks 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 lawfully purchased each of the instant real estate from D and acquired ownership on the ground that the ownership transfer registration was made for the sale in the future of Defendant B with respect to the instant real estate.

Furthermore, each statement of Gap evidence Nos. 10 through 14 (including paper numbers), the Gwangju Deputy Governor of the National Health Insurance Corporation, and the Gwangju Deputy Governor of this Court.

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