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(영문) 청주지방법원충주지원 2016.11.16 2016가단3846
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that, on November 1974, E arbitrarily forged a sales contract with D and completed the registration of ownership transfer on the instant real estate under F and seven other names by forging the sales contract with D, and E subsequently completed the registration of ownership transfer under its name, in collusion with the Defendant, and completed the registration of ownership transfer on the ground of false sale under the Defendant’s name. Thus, the Plaintiff asserts that the registration of ownership transfer should be cancelled as a registration of invalidation of cause.

The real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally.

According to the evidence No. 4, on the ground of sale as of November 9, 1974, the ownership transfer registration for the real estate in this case was made on November 15, 1974 in the name of F, E, G, H, I, J,K, and L, each one-eight percent of ownership transfer registration was made on the ground of sale as of December 25, 1974. In other words, the ownership transfer registration was made on the ground of sale as of July 28, 1980; thereafter, the ownership transfer registration was made on the ground of sale as of April 6, 1981 in the name of O, P, and L, each one-third share transfer registration was made on the ground of sale as of April 7, 1981; and around December 2, 2007 and around February 2, 208, the ownership transfer registration was recognized on the ground of sale under the name of E and purchase as of April 29, 2009.

In light of this, it is presumed that the transfer registration of ownership in the name of the defendant is completed by legitimate sale.

In addition, the Cheongju District Court, which filed against Q, filed a motion for removal of facilities and a claim for land transfer, 2009da3527 (Main District Court) and the Cheongju District Court, 2009Na4674 (Counterclaim) and the claim for land transfer and compensation for damages, and the appellate court, Cheongju District Court 2009Na6739 (Main Court) and 2009Na6746 (Counterclaim), the court shall hold the real estate of this case on November 15, 1974.

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