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(영문) 광주지방법원 2015.12.16 2014나52076

소유권말소 등

Text

1. The defendant's appeal is dismissed.

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

3. Paragraph 1-A of the judgment of the first instance.

Reasons

1. Basic facts

A. The area of 2,269 square meters before Q2,269 square meters in the name of the co-defendant B, F, and L of the first instance court seems to be erroneous in writing in the register of the instant land.

E was owned by E (each 1/4 shares), and was divided into 201 square meters and C 258 square meters prior to Q on August 20, 198, and the previous 258 square meters was changed to a road on August 22, 198.

(hereinafter referred to as “instant land”) 258 square meters of the above road. B

On January 22, 2008, the defendant completed a guarantee that "the defendant guarantees that he actually purchases and owns the land of this case from the owner registered on the land cadastre on June 30, 1995," which H, I, and J recorded as the guarantor, and the registration of ownership transfer for the reason of sale on June 30, 1995 (the part concerning the 1/4 shares for which the registration of ownership transfer was completed in the previous name B (the ownership transfer registration under paragraph (3) of this case) based on a field investigation report prepared by a public official belonging to the defendant (hereinafter referred to as the "Special Measures Act").

C. The provisions of the Act on Special Measures and its Enforcement Decree relating to the instant case are as follows:

Article 10 (Issuance of Certificates) (1) of the Act on Special Measures for the Development of Special Measures, a person who has de facto acquired unregistered real estate, a person who has de facto acquired real estate from a registered titleholder or an heir of such real estate, a person who has inherited real estate, or a person who has de facto acquired real estate for recovery from the owner shall obtain a confirmation from

(2) A person who intends to obtain a written confirmation under paragraph (1) shall be issued with the competent authority of the registry, along with a certificate of at least three persons commissioned as a guarantor from among persons residing in the Dong/Ri in the location of the relevant real estate for a period prescribed by Presidential Decree.