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(영문) 대구지방법원포항지원 2019.09.26 2019가단100408

소유권말소등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The deceased on November 26, 2018, who was the owner of each real estate listed in the separate sheet (hereinafter referred to as “the deceased”) with no dispute. The heir is the Plaintiffs, the Defendant, and the EF, who are their children.

Attached Form

With respect to the real estate listed in paragraph (1) of the list on March 5, 1984, the registration of transfer of ownership in the name of the defendant stated in the purport of the claim was completed on July 20, 1973 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of each Real Estate (Act No. 4502, hereinafter referred to as the "Special Measures Act") due to sale on July 20, 1973.

2. The plaintiffs asserts that, as the deceased's heir, the registration of ownership transfer should be cancelled because it is invalid because the registration of ownership transfer completed based on the special provisions is invalid according to a false certificate of confirmation, although the defendant did not purchase each real estate listed in the separate list.

3. The presumption of transfer of ownership, which has been completed in accordance with the special provisions of the judgment, shall not be broken unless it is proven that the certificate of guarantee under the special provisions of the Act was false or forged, or that the certificate was not duly registered due to other reasons.

In light of the following circumstances in accordance with the evidence No. 5912 and witness EF evidence No. 81314, No. 9124, No. 9121 and the purport of the whole pleadings, evidence as shown in the special protocol, such as Supreme Court en banc Decision 2000Da71388, Nov. 22, 2001, which seems to support the falsity of the letter of guarantee under the special protocol, was proved that the letter of guarantee under the special rule was false or that each transfer of ownership under the name of the defendant was not duly registered to the extent that the presumption of the transfer of ownership under the special rule was broken down. Thus, the plaintiffs' claim is without merit.

(1) Evidence No. 12 and witness E shall have the same contents as the testimony.

However, E is dead.