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(영문) 창원지방법원 진주지원 2018.07.19 2017가단37993
소유권이전등기
Text

1. The Defendant received on August 19, 201 from the Changwon District Court’s Busan District Court registry office regarding the real estate stated in the attached list to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Defendant: (a) established the provisional registration of the right to claim transfer of ownership (hereinafter “instant provisional registration”) based on the purchase and sale reservation as of August 16, 2013, with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) by the Changwon District Court’s Office of Busan District Court, which received on August 19, 2013, as of August 19, 2013; and (b) recognized that the Plaintiff expressed the Defendant’s intent to complete the purchase and sale reservation by delivering a copy of the instant complaint to the Defendant by adding the entire purport of the pleadings to the respective written evidence Nos. 1 and 2.

According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership on December 29, 2017, which was based on the provisional registration of this case with respect to the real estate stated in the attached list, on the basis of the provisional registration of this case.

B. As to this, the defendant asserts that the provisional registration of this case is null and void since the plaintiff did not agree on the establishment of the provisional registration of this case as the plaintiff donated the real estate of this case to his defendant.

Since real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, it is liable to prove and prove the grounds for invalidation on the part of the assertion that the registration has been completed without the grounds for registration. It is difficult to find evidence to recognize the above facts, and the above argument by the defendant is without merit.

C. In addition, even if the Plaintiff did not donate the instant real estate to the Defendant, the Defendant asserts that the instant provisional registration established to preserve the Plaintiff’s right was null and void, but it is difficult to find any evidence to prove that there was a title trust on the instant real estate between the Plaintiff and the Defendant, and therefore, the Defendant’s assertion is without merit.

The plaintiff is the title trust between the defendant C and the defendant.

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