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. Registration of ownership preservation in the E’s name was completed on the instant land.
B. On November 19, 1994, Defendant B completed the registration of ownership transfer under his name, which was based on sale as of October 10, 1983, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, invalidation; hereinafter “Special Measures Act”).
C. Defendant C completed the registration of ownership transfer under his/her name, as the receipt of the same registry office on June 19, 2014, by 5629, May 4, 2014.
[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 regarding the land of this case was completed with a false certification issued, and the registration of ownership transfer registration under the name of Defendant C as to the land of this case is invalid.
Therefore, the Defendants, as the inheritors of E, 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 under 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 prescribed under the Act on Special Measures is false or forged, or that the registration was not duly registered due to other reasons, and the false letter of guarantee or confirmation here refers to a letter of guarantee or confirmation, the substantial contents of which are inconsistent with the truth.
(see, e.g., Supreme Court Decision 2005Da27966, Sept. 9, 2005). The evidence submitted in the instant case alone refers to the registration of ownership transfer in the name of Defendant B, which was completed with respect to the instant land.