소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Under the circumstances on March 15, 195, the land owned by 3,041 square meters (hereinafter “land before subdivision”) in the non-U.S.-Gun, Jeonju-gun, Jeonju-gun (hereinafter “U.S. land before subdivision”) was divided into several parcels, including the instant land, by making a subsequent subdivision. The Defendant’s representative purchased approximately KRW 350 square meters of the land before subdivision from “AB” on December 23, 1986; thereafter, the Defendant thereafter purchased approximately 350 square meters of the land before subdivision; pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005; hereinafter “Special Assistance Act”), there is no dispute between the parties to the registration of ownership preservation as to the instant land by the receipt of No. 3486, May 22, 2006.
2. The gist of the cause of the claim is that the Defendant, even though having not purchased the remaining land excluding the above 350 square meters among the land before partition, he would have purchased at the time of enforcement of the Special Act, and completed the registration of ownership preservation on the land of this case under the Special Act, and thereafter, some of the land was sold.
Therefore, the defendant is obligated to perform the registration procedure for cancellation of registration of cancellation of ownership preservation on the land of this case, which is null and void of cause, and pay damages for the sold land.
3. Even if it is found that there is another person in charge of the assessment of ownership preservation on the land for which a registration of ownership preservation has been made under the Special Assistance Act, the registration is completed in accordance with the lawful procedure prescribed by the Special Assistance Act, and is presumed to be in accord with the substantive legal relationship. Therefore, the person who seeks to file a lawsuit for cancellation of registration of ownership preservation, etc., which has been made under the Special Assistance Act, was a false or forged certificate of guarantee and confirmation under the Special Assistance Act, which is a document attached to the applicant for registration under the Special Assistance Act
for any other reason.