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(영문) 대구지방법원 2019.09.04 2018가단17973

소유권이전등기말소

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 29, 1981, the network H completed the registration of ownership transfer on the ground of sale on March 10, 1972 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) with respect to the forest of 1870 square meters and J forest of 208 square meters (hereinafter “each forest of this case”).

B. On October 25, 201, each of the instant forests was merged into K forest in Gyeongsan-si, which was owned by the network H, and the land category was changed to orchard following the registration conversion into G road in Gyeong-si on December 21, 201 of the same year.

(hereinafter “instant orchard”). C.

The deceased on May 6, 2013, and the Defendants, their children, succeeded to the instant orchard.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-2, 3-3, and Gap evidence No. 6, the purport of the whole pleadings

2. The Plaintiff’s assertion against the Plaintiff, the Plaintiff’s fathered L, and the Defendant’s tide M, agreed to exchange part of the land owned by the Plaintiff and the land owned by the deceased M for the installation of ex post facto graves L in the early 1940s (hereinafter “the forest before the instant partition”) and the land owned by the Plaintiff’s MO.

However, even after several years have elapsed, the network L cancelled the above exchange agreement because it was not specified in the exchange real estate, and on January 4, 1957, the forest land before the instant division was verbally donated to the Plaintiff.

Each forest of this case was divided into forest land before the division of this case on July 30, 1973.

However, the network H obtained a false guarantee and completed the registration of ownership transfer on each forest of this case.

Therefore, the Defendants are obligated to implement the procedure for cancellation of ownership transfer registration with respect to each forest of this case to the Plaintiff.

3. Determination

A. Since registration under the Act on Special Measures is presumed to be consistent with the substantive legal relationship, a letter of guarantee or written confirmation, which served as the basis of registration, was prepared by the party seeking the reversal of such presumption, in a false manner;

or forged;

not having been duly registered for any other reason.