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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 apartment building that the Plaintiff acquired ownership on April 11, 2001 (hereinafter “the apartment of this case”), the registration of ownership transfer from the Plaintiff was completed on August 15, 2005 (the Daejeon District Court Decision 98331, Sept. 21, 2005; hereinafter “the registration of ownership transfer”).
B. C on March 23, 2007, completed the registration of ownership transfer to the Defendant on March 22, 2007.
C. The Plaintiff and the Defendant came to know in around 2004 that they were working together at a restaurant located within the 2004 ceiling.
피고는 C의 친모(親母)이고, C은 피고의 소개로 2004년 또는 2005년 무렵부터 원고를 ‘수양어머니’로 대하고 있다.
【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading
2. The registration of transfer of ownership in the name of the Plaintiff C in the name of the Plaintiff’s assertion was not made by sale or donation but by title trust. The Plaintiff, even after the title trust, manages the instant apartment by receiving the leased rent of the instant apartment from the date of the title trust.
Therefore, the plaintiff is currently the owner of the apartment of this case, and the defendant interferes with the plaintiff's exercise of ownership under the name of the owner of the apartment of this case. Thus, the defendant is entitled to seek implementation of the procedure for ownership transfer registration on the ground of the restoration of the true name
3. Determination
A. In a case where the registration of ownership transfer has been completed with respect to real estate, the registrant is presumed to have acquired ownership not only to a third party but also to the former owner based on legitimate grounds for registration. Therefore, the grounds for invalidation should be asserted and proved in the grounds for appeal.
(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). In addition, real estate registration is not intended to reflect the process or form that led to the disclosure of the current state of true rights upon disclosure of the current state of rights.