beta
(영문) 대구지방법원김천지원 2014.11.28 2014가단2675

소유권이전등기

Text

1. The Plaintiff: (a) 66m2 and P river 121m2; (b) 15/56 shares in Defendant G; and (c) 10/56 shares in Defendant H and I, respectively.

Reasons

1. The plaintiff's respective claims against the defendant B, C, D, E, and F

A. The Plaintiff’s assertion that Defendant B, C, and Nonparty AB, AC, AD, and AE purchased each registration of transfer from the deceased’s father’s deceased’s deceased’s deceased deceased’s deceased deceased’s deceased father (hereinafter “the deceased”), on or after July 12, 1950, on or after July 12, 1950, on or after the deceased’s deceased’s deceased deceased’s deceased deceased land. The registration of invalidity of cause

Each registration of ownership transfer stated in the Defendants’ purport of the claim (hereinafter “each registration of ownership transfer of this case”) is based on the registration of invalidity of the cause. Thus, the registration of invalidity of the cause should also be cancelled.

Therefore, the Defendants are obligated to implement each procedure for the registration of ownership transfer based on the restoration of real name with respect to each land stated in the claims of the Plaintiff, who is the inheritor of the deceased (hereinafter “each land of this case”).

B. (i) The registration completed under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) is presumed to be a registration consistent with the substantive legal relationship, and the letter of guarantee or confirmation under the aforesaid Special Measures Act was false or forged.

Unless it is proved that the registration has not been duly made due to any other reason, the presumption of registration of ownership or registration of transfer shall not be broken, and the false letter of guarantee or confirmation here means a letter of guarantee or confirmation that the substantial contents of the changes in rights are inconsistent with the truth, unless it is proved that the registration has been duly made.

In addition, in light of the fact that the above Special Measures Act permits the actual transferee of real estate through a third party, other than a registered titleholder, to acquire the real estate through the process of changing the right, the date of purchase, which is the cause of acquiring the right, is later than the date of death of the original owner or the former registered titleholder, or the entry of the name of the seller or the date of purchase on the letter of guarantee or written confirmation, is different from the actual one, or specific in