소유권이전등기 말소등기 절차이행
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. The registration of ownership preservation in F in the name of F was completed on the instant land.
B. On August 31, 1981, Defendant B completed the registration of ownership transfer under his name, which was based on sale as of May 2, 1970, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, invalidation; hereinafter “Special Measures Act”).
C. Defendant C completed the registration of ownership transfer under his name, as the receipt of the same registry office on December 31, 1990, by December 26, 1990.
Defendant D completed the registration of transfer of ownership in his name on August 30, 2016 by the same registry office No. 10347, August 29, 2016.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings
2. The summary of the Plaintiff’s assertion is that the ownership transfer registration under the Act on Special Measures for the Development of Defendant B’s Name with respect to the instant land was completed with a false certification issued, and the registration of ownership transfer registration under the name of Defendant C and D with respect to the instant land is null and void.
Therefore, the Defendants, as F’s heir, are obligated to perform the procedure for cancellation of the registration of ownership transfer in their own name to the Plaintiff, who is the owner of the instant land.
3. The presumption of registration of initial ownership or registration of transfer is not reversed unless it is proved that the registration completed in accordance with the Act on Special Measures for Determination is presumed to be consistent with the substantive legal relationship, and that the letter of guarantee or confirmation stipulated in the Act on Special Measures is false or forged, or that the registration was not duly registered due to other reasons. Here, false letter of guarantee or confirmation refers to a letter of guarantee or confirmation, the substantial contents of which are inconsistent with the truth.