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(영문) 전주지방법원정읍지원 2017.07.25 2016가단1906
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 1, 1995, the Defendant completed the registration of transfer of ownership in the name of the Plaintiff (hereinafter “registration of transfer of ownership in the name of the Plaintiff”) in accordance with the receipt No. 27637 of August 26, 1995, which was received on August 26, 1995, on the grounds of sale and purchase with respect to the Gowon-gun, Gowon-gun, Gowon-gun (hereinafter “the instant land No. 1”).

B. On January 20, 2005, the Defendant completed the registration of transfer of ownership in the Plaintiff’s name (hereinafter “the registration of transfer of ownership in the Plaintiff’s name”) as the receipt No. 1035 on January 21, 2005 on the ground of sale on January 20, 2005 with respect to D 182 square meters (hereinafter “2 land”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) although the plaintiff did not sell the land Nos. 1 and 2 of this case to the defendant, the registration of transfer of ownership in the name of the defendant was completed, which should be cancelled as a registration of invalidation of each cause. 2) The defendant's assertion that the defendant lawfully purchased the land Nos. 1 and 2 of this case. The registration of transfer of ownership Nos. 1 and 2 of this case is effective, and even if it is not so, the acquisition by prescription of the registration is completed, and the registration of transfer of ownership Nos. 1 and 2 of this case conforms to

B. Determination 1) The evidence submitted by the Plaintiff alone is insufficient to recognize that the cause for the registration of ownership transfer in the instant case is null and void, and there is no other evidence to acknowledge it otherwise. 2) Rather, in full view of the following circumstances, which can be known by the entries in the instant evidence Nos. 1 and 10 and the result of the examination by the court and the purport of the entire pleadings, the possibility of the Defendant’s purchase of real estate Nos. 1 and 2 from the Plaintiff or the Plaintiff’s agent, unless there are special circumstances where various documents, such as a sales contract, were forged.

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