logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.07.01 2014나3673
소유권말소등기등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the modification of the grounds of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act, since the court's explanation concerning this case is identical to the part concerning the reasons of the judgment of the court of first instance, except for the modification of the grounds of appeal No. 6 through No. 7 (b) of the judgment of the court of first instance as stated in the following

2. Parts to be corrected;

B. Determination 1) Where a registration has been made on a real estate under the relevant legal doctrine, barring any special circumstance, it is presumed that the registration of the current owner was made lawfully in the cause and procedure. Thus, even if the former owner’s donation of his/her share to the current owner of real estate was made on the part of the former owner, it is presumed that the procedure necessary for the registration of transfer has been duly completed insofar as the transfer of share was completed once the former owner’s transfer was made (see, e.g., Supreme Court Decision 2001Da72029, Feb. 5, 2002). Furthermore, even if a third party’s transfer of ownership is not by the direct disposal of the former owner, but by the former owner’s agent, if the former owner is the former owner’s agent, the registration of the former owner is presumed to have been duly made, and thus, it is presumed that the former owner did not have the authority to act on behalf of the former owner, i.e., whether the former owner was entitled to act on behalf of the latter owner, and that third party is invalid.

Daegu District Court with respect to the share.

arrow