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(영문) 청주지방법원영동지원 2017.09.08 2016가단5145

소유권이전등기

Text

1. The defendant is based on the restoration of the authentic title as to each real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. B completed the registration of ownership transfer on October 15, 1943 with respect to each real estate listed in the separate sheet on March 30, 1944 (hereinafter “instant land”).

B’s address is “Yancheon-gun C”.

B. D drafted and delivered a letter of guarantee from E, F, and G (hereinafter “E”) on September 6, 1994 that “D purchases and actually owns the instant land from H on April 8, 1970,” which read “D purchases and actually owns the instant land” (hereinafter “instant letter of guarantee”).

The letter of guarantee of this case is signed and sealed by E and two other persons as a guarantor.

C. On September 7, 1994, D applied for issuance of a written confirmation to the effect that “D purchases and owns the instant land from April 8, 1970,” which was based on the instant letter of guarantee and received a written confirmation from the head of Macheon-gun on November 15, 1994 (hereinafter “instant written confirmation”).

D) On November 17, 1994, based on the letter of guarantee and written confirmation of this case, D completed the registration of ownership transfer in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 4502, Dec. 9, 1994) as to the land of this case among the land of this case.

E. On March 18, 2015, K completed the registration of ownership transfer based on inheritance by consultation and division on May 20, 2004 with respect to the instant land.

F. On March 18, 2015, the Defendant: (a) completed the registration of ownership transfer on the instant land on the grounds of exchange on March 13, 2015 (hereinafter “instant registration”); and (b) thereafter, occupies the instant land from around that time to the present day.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 4 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The evidence Nos. 6 and 7, respectively, as to whether B is a Japanese.