logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.24 2017나204965
소유권이전등기 말소 등
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. On November 12, 2008, the Plaintiff completed the registration of ownership transfer on the instant land by means of sale as of October 21, 2008, from the FJC, from the FJC.

B. On November 7, 2014, the Defendant completed the registration of ownership transfer of this case on the ground of sale from the Plaintiff on October 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Although there was a fact that the Plaintiff’s assertion D issued the Plaintiff’s certificate of personal seal impression, it did not grant D the right to transfer ownership of the instant land to the Defendant, and there was no fact that the Plaintiff directly sold the instant land to the Defendant or agreed to transfer ownership, and there was no fact that the Plaintiff received the purchase price for the instant land.

However, the transfer registration of ownership in the name of the defendant was completed with respect to the land in this case without permission between the plaintiff and his unawareness. Since the transfer registration of ownership in this case is invalid, the defendant is obligated to implement the procedure for cancellation registration of ownership transfer in this case to the plaintiff.

3. Determination on the cause of the claim

A. Where a legal principle has been filed for transfer of ownership, the registrant is presumed to have acquired ownership from a third party as well as the former owner through legitimate grounds for registration. As such, in order to deny this by the Plaintiff and to seek cancellation of transfer of ownership by claiming invalidation of grounds for registration, the Plaintiff is responsible for asserting and proving the facts constituting grounds for invalidation (see, e.g., Supreme Court Decision 2009Da105215, Mar. 13, 2014). If the transfer of ownership is not by the direct disposal of the former registered titleholder, but by a third party is involved in such disposal, the registration of the current owner is legitimate even if the former registered titleholder claims that the third party is the former registered titleholder’s agent.

arrow