소유권보존등기말소등기
1. The Defendants are the Cheongyang-gu District Court's High Court's Goyang-gu Branch Office with respect to H 5,653 square meters of forests and fields at the time of strike to the Plaintiff.
1. The registration of preservation of ownership of H 5,653 square meters (hereinafter “the instant forest”) with respect to H 5,653 square meters of forests and fields at the time of the strike of basic facts (hereinafter “the instant forest”) was completed with respect to the registration of preservation of ownership of I and the Plaintiff 1/2 shares (hereinafter “registration of preservation of ownership”) as the registration office of high-level District Court of the Republic of Korea (Seoul District Court), No. 10121 on December 20, 1971, and ② the registration of preservation of ownership owned by J 10813 on July 23, 1980 by the same registration office (hereinafter “registration of preservation of ownership”).
J died on December 31, 1994 (child I, K, Defendant E, Defendant F), and I died on December 3, 2010 (Defendant B, Defendant C), and K died on April 20, 1985 (Defendant G, Defendant D), and the Defendants died on April 20, 1985 (Defendant G, Defendant D).
On the other hand, the plaintiff is between J and the fourth degree of relationship with the children of J 5 South M, a father of J.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and Eul evidence 1 and 5 (including virtual number), the purport of the whole pleadings
2. Determination:
A. The plaintiff asserts that the plaintiff of the parties concerned claims the cancellation of registration since the duplicate registration of preservation is invalid.
As to this, the Defendants asserted that prior preservation registration on the forest of this case is null and void on the basis of a false letter of guarantee or confirmation.
B. Where overlapping registration of initial ownership has been completed because the registered titleholder was different in relation to the same real estate to determine the issue thereof, registration of initial ownership shall be null and void in light of the legal principles of registration of initial real estate, even if the initial registration of initial ownership conforms to the substantive relationship, unless the cause of registration of initial ownership is invalid.
(See Supreme Court Decision 2007Da63690 Decided February 14, 2008, etc.). It is insufficient to recognize that the prior preservation registration made pursuant to the Act on Special Measures for the Registration, etc. of Forest Land Ownership was based on a false or forged letter of guarantee or confirmation, and there is no other evidence to acknowledge it.
Rather, the witness N's testimony and the defendant E's testimony.