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(영문) 수원지방법원안산지원 2016.01.13 2015가단23703

소유권이전등기 등

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 Plaintiff’s father is D, the Defendant’s father is E and the Plaintiff’s father.

E was examined as the south of F (1958. Death), together with F.

B. F had owned G land before the alteration (hereinafter “the former land”). D completed the registration of ownership transfer under its own name with respect to the said land, and E completed the registration of ownership transfer based on the former Act on Special Measures for the Registration, etc. of Ownership of General Farmland (amended by Act No. 1657, Sept. 17, 1964; hereinafter “Special Measures Act”) on December 19, 1964.

C. After that, the number of the land before the change was changed to HJ land, including the instant land.

E following the death of E, the Defendant completed the registration of ownership transfer in its name on September 15, 2001 on the land of this case due to the inheritance by the agreement division as of March 27, 2001.

【Unsatisfy-founded facts, Gap's evidence Nos. 1, 3, 5, 6, 7, Eul's evidence No. 4, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion F attempted to obtain the land before the alteration from D, and in fact D completed the registration of ownership transfer concerning the land before the alteration.

However, E does not add land before the change from D, but completed the registration of ownership transfer in its name by forging a certificate or guarantee under the Act on Special Measures.

Therefore, since the ownership transfer registration under the name of the defendant with respect to the land of this case is invalid, the defendant is obligated to cancel it to the plaintiff.

3. Determination

A. The presumption of registration of initial ownership or registration of transfer shall be presumed to be a registration in accordance with the substantive legal relationship, and unless it is proved that the letter of guarantee or confirmation under the aforesaid Special Measures is false or forged, or that the registration has not been duly registered due to other reasons.