The defendant is based on the plaintiff's restoration of the true name with respect to the amount of 4,959 cubic meters of Goyangyang-gu C Forest.

Basic Facts

A. On March 9, 1967, the registration of ownership transfer was made on March 9, 1967 with respect to the land in Gyeyang-gu, Seoyang-gu, Yangyang-si C Forest and 4,959 cubic meters (hereinafter “instant land”). On July 14, 1980, the Defendant, who was D, made the registration of ownership transfer under his own name on the ground of sale on July 11, 1980.

B. On the other hand, D died on June 30, 1980, and the Plaintiff, who is his father, succeeded to D’s property solely.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. Although the ownership transfer registration filed in the name of the owner before the judgment on the cause of the claim was deceased and made in the name of the owner after the cause for registration exists, if the predecessor lives in the case of commencement of inheritance with the person liable for registration while the cause for registration was not yet existing, the registration he applied for is filed by the heir, or the registration application is filed by the registry official before the registration is completed after the registration is received by the registry official, and there is no room to acknowledge the presumption of the cause for registration.

(See Supreme Court Decision 95Da51991 delivered on November 28, 197, etc.). The Defendant completed the registration of ownership transfer in its name on July 14, 1980 with respect to the instant land on the ground of sale on July 11, 1980; however, D had already died on June 30, 1980.

On July 11, 1980, the reason for the registration of the transfer of ownership in the name of the defendant, is clear that the sale on July 11, 1980, which is the reason for the registration of the transfer of ownership

Therefore, the registration of transfer of ownership in the Defendant’s name shall be deemed null and void unless there exist special circumstances, such as that it conforms to the substantive relationship. Ultimately, the Defendant succeeds to D’s rights and obligations regarding the instant land, barring any special circumstances.