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(영문) 수원지방법원 2016.02.04 2015가단100781
소유권이전등기말소등기절차인수청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Suwon District Court, the Dongwon District Court, the registration office, and the registration of transfer of ownership in the name of the Defendant was completed on September 25, 2003 as the receipt No. 125960.

B. After that, the above court’s receipt of August 29, 201 on the instant real estate was 80733, and the registration of transfer of ownership in the Plaintiff’s name was completed on the grounds of sale as of August 29, 2011 (hereinafter “instant registration of transfer of ownership”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The registration of transfer of ownership in the name of the Plaintiff as to the instant real estate asserted by the Plaintiff was completed without going through the Plaintiff’s intent. Since the Plaintiff purchased the instant real estate from the Defendant, the registration of transfer of ownership in the name of the Plaintiff is invalid.

Therefore, the defendant, who is the immediately preceding registered titleholder of the plaintiff, is obligated to take over the procedure for cancelling the transfer registration of this case.

B. The presumption of the existence of the right is presumed to exist by the registration in the case of a registration. The presumption of the lawfulness of the right presumed to have been established by the registration, the presumption of the legitimacy of the cause for registration, the presumption of the legitimacy of the cause for registration, and the presumption that the registration was duly made by satisfying the valid requirements even in the process of the registration.

Therefore, where the registration of ownership transfer of real estate has been completed, the registrant shall be presumed not only to the third party, but also to have acquired the ownership by the "legal procedure and cause" against the former owner, and the party (in this case, the plaintiff is the plaintiff) who asserts the procedure and cause. The evidence submitted by the plaintiff shall alone be proved in the name of the plaintiff.

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