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(영문) 창원지방법원거창지원 2019.04.30 2018가단836

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 14, 1985, the registration of ownership was made in the name of the deceased E (Death on March 16, 1992) whose father is the father of the Plaintiff on June 14, 1985 with respect to 162 square meters (hereinafter “instant land”).

B. After that, on May 13, 1995, the deceased F, who is the father of the defendant, completed the registration of ownership transfer due to sale on October 15, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, the invalidation) (hereinafter “Special Measures Act”). The defendant completed the registration of ownership transfer due to the inheritance (the date of consultation) by agreement division on October 12, 2010.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Summary of the cause of the plaintiff's claim

A. Although the network E does not have sold the instant land to the networkF, the registration of ownership transfer in the name of the networkF is null and void, and since the networkF obtained a false certification using the aforesaid special measures, which was in force at the time, and completed the registration of ownership transfer with respect to the said land, the registration of ownership transfer in the name of the networkF is also null and void, and the registration of ownership transfer in the name of the Defendant, the heir of the networkF, is also null and void. Thus, the Defendant, the heir of the network E, must implement the procedure for

B. Although the network E, which caused the preliminary claim, completed the registration of ownership preservation on the instant land on June 14, 1985, from around 1967 to around 1967, he/she cultivated the said land by directly or indirectly occupying a portion of 93 square meters in the attached sheet (b) in the above land. Even after the networkF and the Defendant’s successor each completed the registration of ownership transfer, he/she continued to possess the said part of the said land in a peaceful and openly and openly with the intent of the Plaintiff’s owner on the part of the Plaintiff. As such, as regards the said part of the said land, at least as of May 13, 1995, the networkF had completed the registration of ownership transfer.