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대구지방법원상주지원 2010.11.17 2009가단1725

소유권말소등기

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1. The defendant shall have the Daegu District Court registry office as to the plaintiff's share of 1/4 of the 23,135 square meters of the forest land C in Gyeongcheon-gun, Chungcheongnamcheon-gun.

Reasons

1. Basic facts

A. The registration of transfer of ownership in H’s name (hereinafter “registration of transfer of ownership in H’s name”) was completed on December 30, 1983 by the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (wholly amended by Act No. 3562, Apr. 3, 1982) with respect to the real estate in this case, the registration of transfer of ownership in H’s name (hereinafter “registration of transfer of ownership in H”) was completed on December 30, 1983.

B. On October 15, 1996, H entered into the registration of ownership transfer on the ground of donation on October 11, 1996 with respect to the above 3/4 shares of the instant real estate with respect to D on October 11, 1996, and D completed the registration of ownership transfer on June 7, 2002 with respect to the instant real estate on the ground of donation made by June 5, 2002 to the Defendant.

C. The plaintiff is the heir of G.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 and 9 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s ownership transfer registration is registered as invalid because it has been made by a letter of guarantee by Doz. Since the ownership transfer registration for 3/4 shares out of the instant real estate in H’s name is also invalidated, the Defendant is obliged to implement the procedure for cancellation of ownership transfer registration for 3/4 shares out of the instant real estate to the Plaintiff, who is the heir of G, the real owner of 3/4 shares out of the instant real estate.

B. (1) The determination on the cause of the claim is as follows: (a) whether the registration of transfer of ownership in H’s name is an invalid registration; (b) whether the registration of transfer of ownership in H’s name is a registration of cause; (c) the entries or images of evidence Nos. 1 through 11, 13, 1416; and (d) Nos. 1, 2, 3, 4, 4, 5, 6, 7, 8, 9 (including each serial number); (d) the partial entries of evidence Nos. 12, 15; (e) the witness I, J, and K’s testimony in whole; and (e) H is F.