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(영문) 서울동부지방법원 2020.04.22 2019가단128850
소유권말소등기
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. In full view of the reasoning of the evidence No. 1 of the basic facts, the plaintiff on September 7, 2009, taking into account the purport of the whole pleadings.

8. The 1/27 shares out of the instant land due to the return of legal reserve of inheritance on July 27 is a share holder who completed the registration of ownership transfer with respect to the Plaintiff’s share (hereinafter “instant Plaintiff’s share”). On July 25, 201, the same month is as to the Plaintiff’s share.

5. The registration of transfer of ownership in Defendant B was completed due to the sale and purchase, and on December 30, 2016, on the share of 1/54 shares in the Plaintiff’s share in the instant case

8.23. Recognition of the completion of the registration of ownership transfer in Defendant C by reason of sale.

2. Judgment on the parties' arguments

A. The summary of the Plaintiff’s assertion was without any legal ground, and the registration of ownership transfer was completed on July 5, 201 with respect to the Plaintiff’s share on the ground of sale on July 5, 201, and Defendant C completed the registration of ownership transfer on the ground of sale as to the Plaintiff’s share 1/54 out of the Plaintiff’s share. As such, the sales contract between the Plaintiff and the Defendant B is null and void, and the registration of ownership transfer in the name of the Defendant B should be cancelled as the ground for invalidation. Since the sales contract between the Defendants on the Plaintiff’s share is null and void as it was concluded by Defendant B without the authority to dispose of it, the registration of ownership transfer

Therefore, with respect to the Plaintiff’s share of 1/27 shares out of the instant land, Defendant C is obligated to implement the procedure for registration of cancellation of each transfer of ownership completed with respect to shares of 1/54 shares out of the instant land.

B. Therefore, unless there are special circumstances, it is presumed that the registration has been duly made in the cause and procedure unless there is a special reason, and the person who asserts that the registration is null and void has the burden of proof for it.

In this regard, the entry of the evidence No. 1 in the name of the defendant B.

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