(영문) 광주지방법원 순천지원 2018.10.04 2018가단72380

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(영문) 광주지방법원 순천지원 2018.10.04 2018가단72380

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are siblings, and their father C (hereinafter “the deceased”) died on June 27, 198.

B. Each land listed in the separate sheet (hereinafter “each land of this case”) was owned by the Deceased. With respect to each land listed in the separate sheet Nos. 1 through 4, the Defendant completed each registration of transfer of ownership based on the sale on May 4, 198, each of the lands listed in the separate sheet No. 10667, the receipt of No. 10667, May 16, 1988, and each of the lands listed in the separate sheet No. 5 and Paragraph 6, the same list, and each of the lands listed in the separate sheet No. 11252, Jun. 1, 1988, and May 26, 198.

[Ground of recognition] Evidence No. 1-2, Evidence Nos. 2, 3, Evidence Nos. 10 through 15-1, 2-2, and the purport of the whole pleadings

2. The Plaintiff asserts that the registration of transfer of ownership should be invalidated on the ground that the deceased died on March 29, 198, the Defendant stolen the deceased’s seal imprint certificate and his identification card without filing a death report, and forged the registration of transfer of ownership on each of the land of this case with a certificate of personal seal impression issued in the name of the deceased (Evidence A8) and the Farmland Sale Confirmation Board (Evidence A9) and completed the registration of transfer of ownership. Accordingly, the Defendant asserts that the registration of transfer of ownership should be conducted on each of the land of this case based on the restoration of real name.

If the registration of ownership transfer is completed with respect to real estate, the nominal owner of the registration shall be presumed not only to the third party, but also to have acquired the ownership through legitimate grounds for registration. Therefore, the grounds for invalidation should be asserted and proved in the arguments.

(See Supreme Court Decision 97Da2993 delivered on June 24, 1997, etc.). However, even upon examining all the evidence submitted by the Plaintiff, the Defendant was issued a certificate of personal seal impression in the name of the deceased, referring to the evidence submitted by the Plaintiff.

or the consent of property in the name of the deceased.

참조판례

-대법원 1997. 6. 24. 선고 97다2993 판결

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