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(영문) 인천지방법원 2018.06.07 2017나59997

소유권말소등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The network E (hereinafter “the deceased”) had five children (the defendant (the defendant, the plaintiff (the plaintiff), the plaintiff (the plaintiff), Q, the J, R), four married (S, T, U, and V) between the wife K.

B. The registration of ownership transfer (hereinafter “the registration of ownership transfer”) was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Sept. 1, 1984; Act No. 11682, Jun. 1, 1984; Act No. 3562, Aug. 9, 1974; hereinafter “Special Measures Act”) against the Defendant’s ownership transfer (hereinafter “the registration of ownership transfer”) on the grounds of the sale on September 3, 1963.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 3-2 of evidence Nos. 2 and the purport of the whole pleadings

2. Whether to cancel the ownership transfer registration of this case

A. The Plaintiff’s assertion 1) The Plaintiff did not conclude a sales contract on the instant land between the Defendant and the Defendant. At the time of the registration of transfer of ownership, the Plaintiff, without knowledge of the relationship between the transfer of rights and without confirmation by the guarantor under the Act on Special Measures, set up a guarantee certificate as if the Plaintiff entered into a sales contract with the Defendant, and accordingly, the ownership transfer registration of this case was completed. Accordingly, the presumption of the ownership transfer registration of this case was broken, and the Defendant is obligated to cancel the registration of ownership transfer of this case, since the registration of the ownership transfer of this case was invalid, since the registration of the ownership transfer of this case was owned by the Deceased, but the Plaintiff had completed the registration of ownership transfer under a title trust with the Plaintiff and completed the registration of ownership transfer in the name of the Plaintiff around 1976.