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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s primary assertion is that the Defendant primarily agreed to complete the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) based on a false guarantee on the real estate stated in the purport of the claim (hereinafter “the instant real estate”), and as such, the Plaintiff did not actually purchase the instant real estate from D, the former owner, thereby performing the procedure for the cancellation of ownership transfer registration. In addition, if the Defendant agreed on October 1, 2013 to complete the registration of ownership transfer on the instant real estate on October 1, 2013, he/she
2. Determination
A. While the Plaintiff seeking cancellation of the ownership transfer registration under the name of the Defendant on the premise that he is the owner of the instant real estate, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff is the owner of the instant real estate, and there is no other evidence to acknowledge that
(3) In light of the above legal principles, the Plaintiff’s claim for cancellation of ownership transfer registration under the name of the Defendant is without merit, unless there is any evidence to prove that the Plaintiff had a legitimate title to seek cancellation registration of ownership transfer registration under the name of the Defendant, which was completed on the instant real estate.
In addition, even if the plaintiff has a legitimate title, the registration completed under the former Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship, and the letter of guarantee or confirmation under the Act on Special Measures was false or forged.
Unless it is proved that the registration of ownership preservation or the registration of transfer has not been duly registered due to any other reason, the presumption of the registration of ownership preservation or the registration of transfer shall not be broken, and the false letter of guarantee or the certificate here is substantive about the grounds for the alteration of rights.