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(영문) 서울동부지방법원 2014.11.21 2013나7686
소유권이전등기말소
Text

1. Revocation of a judgment of the first instance;

2. As to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. C (A) died on October 13, 2012; hereinafter “the deceased”) and D were three South and North Korean women living in Gyeong-gun, Young-do, G, one of the natives, who were three children under the sleep. However, the Plaintiff is a woman and the Defendant is a long-term.

B. On October 28, 1985, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on October 30, 1985, and had been residing in the instant real estate together with the Defendant and other Dongs.

C. When the Plaintiff, on the premise of marriage with F, was known to the family members on the premise of marriage with F, the Plaintiff was forced to leave the house in around 1988 for the marriage with F, and the contact with his parents and siblings was severed for more than 20 years.

On February 28, 191, the deceased transferred the ownership of this case to the defendant on the ground of the "sale on January 31, 1991," after the plaintiff started, on February 28, 1991.

(A) complete the proceedings. [The facts that there is no dispute over the grounds for recognition, the entry of Gap evidence 1-1, 2, 2, and 4-1, 2, and 4, the testimony of witnesses G of the first instance trial, and the purport of the whole pleadings

2. Determination

A. (1) Although the Plaintiff did not sell the real estate of this case to the Defendant, the Plaintiff asserted that the Plaintiff completed the registration of ownership transfer in the future by forging the registration documents, such as a sales contract, and thus, the registration of ownership transfer in this case is invalid.

Therefore, the Defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration of this case to the Plaintiff.

(2) In the event that the registration of ownership transfer does not result from the direct disposal by the former registration titleholder, but from the third party involved in the disposal, if the former registration titleholder claims that the third party is the agent of the former registration titleholder, or the third party is in a special status relationship such as the former registration titleholder, the former registration titleholder.

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