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(영문) 대구지방법원 서부지원 2018.12.20 2017가단13445

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The instant land was owned by E, the Plaintiff’s Republic of Korea. However, on July 24, 1930, the ownership transfer registration for the instant land was completed on July 7, 1930 in the name of F, the Defendant’s Republic of Korea, on the following grounds:

B. After that, on June 28, 1993, the registration of ownership transfer was made on the ground of sale on November 13, 1972 under the name of the defendant on the instant land.

[Reasons for Recognition] The facts without dispute, Gap's 1 to 3, 5, 6, Eul's 1 and 2 (including additional numbers), the witness G's testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion or H, the father of the Plaintiff, did not sell the instant land to F. The sales certificate submitted by the Defendant with Eul No. 1 is identical to the seller and the buyer’s domicile; the size of letters and fences are different; the seller’s seal is affixed to the seller’s name; the seller’s seal is affixed to the buyer’s name; the seller’s stamp is not attached to the sales certificate; and the Defendant completed the registration of transfer of ownership under the Act on Special Measures for Development and Development; thus, the registration of transfer of ownership in F’s name is deemed invalid.

In addition, in light of the fact that there was a real estate sales contract between Russ and Russia, and that there was a history of punishment for violation of the Act on Special Measures for the Registration, etc. of Real Estate Ownership at the time when the registration of ownership transfer was made in the name of the defendant, the defendant is deemed to have completed the registration of ownership transfer on the ground of false guarantor. Therefore, the registration of ownership transfer in the name of the defendant is deemed to be invalid

Therefore, the defendant is based on the recovery of real name with respect to 17/128 shares, which are the plaintiff's share of inheritance, among the land in this case, to the plaintiff as the heir of E.