소유권말소등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B completed the registration of ownership transfer due to sale on September 3, 1968 under the former Act on Special Measures for the Transfer, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”), as the receipt of No. 11886 on April 11, 1980 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. Defendant C completed the registration of ownership transfer based on sale on February 21, 2003, No. 3124, which was received on February 21, 2003 by the same registry office, and Defendant D completed the registration of ownership transfer based on sale on February 21, 2003. Defendant D completed the registration of ownership transfer based on sale on December 29, 2006, No. 26206, Dec. 18, 2006.
[Ground for recognition] Unsatisfy, Gap evidence 5
2. Judgment on the plaintiff's assertion
A. The registration of transfer of ownership under Defendant B’s assertion is a registration of invalidation of cause, and each registration of transfer of ownership in the name of Defendant C and D, each of which was made in sequence based thereon, is also invalid.
The Plaintiff is one of the co-inheritorss of the network E, who were the true owners of the instant real estate, and the Defendants are obligated to cancel each of the above registration of transfer of ownership.
B. First of all, we examine whether the registration of ownership transfer under Defendant B is invalid.
Unless it is proven that the registration completed under the Act on Special Measures is in line with the substantive legal relationship, and that the letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that the registration was not duly registered due to other reasons, the presumption of ownership preservation or registration of transfer is not reversed (see Supreme Court Decision 2000Da33775, Oct. 27, 200). The registration completed under the Act on Special Measures for the Transfer of Ownership in Defendant B is recognized as prior. As such, the letter of guarantee or confirmation that served as the basis for the registration of ownership transfer is false or forged, or is otherwise forged.