beta
(영문) 전주지방법원남원지원 2016.08.03 2015가단11664

소유권말소등기

Text

1. The defendant, on April 1, 2008, shall apply to the plaintiff with respect to the share of 1/2 out of 1,032 square meters in Nam-si, Namwon-si.

Reasons

1. Determination as to the cause of claim

A. 1) The Republic of Korea: (a) the Republic of Korea: (b) the Republic of Korea: (c) the Republic of Korea: (d) the Republic of Korea is the Republic of Korea;

The Defendant’s sole ownership of D’s portion of the instant real estate on April 12, 1950 is the network E (hereinafter “the deceased”) based on the sale and purchase as of August 20, 1949, on the part of 1/2 of the instant real estate.

(2) Around December 22, 2007, the registration of transfer of ownership in the name was completed. (2) Around April 15, 1950, the Defendant prepared a letter of guarantee from F, G, and H that “the Defendant actually owns the entire shares of the deceased as of April 15, 1950” (hereinafter “the letter of guarantee”). On December 24, 2007, the Defendant submitted an application for the issuance of a written confirmation accompanied by the letter of guarantee to the Mayor of Namwon-gu, Seoul Special Metropolitan City (hereinafter “the certificate of this case”) and received a written confirmation from the Mayor of Namwon-gu, Seoul Special Metropolitan City (hereinafter “the certificate of this case”).

3) Based on the written confirmation of this case, the Defendant: (a) received No. 6871 on April 1, 2008 from the Jeonju District Court Branch Branch; (b) as to 1/2 of the deceased’s share among the instant real estate, the Defendant is only entitled to the Special Measures Act on the Registration, etc. of Transfer of Ownership of Real Estate on April 15, 1950 (amended by Act No. 7500 on May 26, 2005; hereinafter “Special Measures Act”).

3) The registration of ownership transfer based on this case’s ownership transfer (hereinafter “instant ownership transfer”).

4) After completion of the instant certification, the summary order of KRW 5 million was issued on October 24, 2014, on the basis of the facts charged in violation of the Act on Special Measures for the Registration, etc. of Real Estate Ownership that the Defendant, even though the Defendant did not purchase the deceased’s share in the instant real estate, was prepared with false content from F, G, and H, and exercised the instant certification from the Southern original market after obtaining it.

(Court 2014 Highest 671). On November 18, 2014, the above summary order became final and conclusive on the same day.

5. Meanwhile, the Deceased on June 3, 2015.