소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On January 18, 1935, the forest land of this case was assessed under the name of 1,388 square meters in Namwon-si, Namwon-si (hereinafter “instant forest”).
B. The Defendant made registration of preservation of ownership (hereinafter “registration of preservation of ownership”) on November 25, 1993 with respect to the forest of this case under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; January 1, 1995; hereinafter “Special Measures Act”) as the receipt No. 24697, Nov. 25, 1993.
C. The Plaintiff is the deceased E’s children.
【Fact-finding without a dispute over the basis of recognition; Gap evidence 1 to 4; Eul evidence 2 and 3; Eul witness F; the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s summary of the Plaintiff’s assertion was the Plaintiff’s owner of the instant forest land, who purchased the instant forest land from the above D and donated it to the Plaintiff.
However, since the defendant obtained a false guarantee and completed the registration of preservation of ownership of this case based on the Act on Special Measures, the registration of preservation of ownership of this case is null and void.
Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to the forest of this case to the Plaintiff.
B. In the absence of any evidence to acknowledge that the Plaintiff purchased the forest of this case from the above D, and that the network E donated the forest of this case to the Plaintiff, the Plaintiff’s above assertion premised on the premise that the Plaintiff is the true owner of the forest of this case is not accepted without examining any further.
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.