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(영문) 광주지방법원 순천지원 2018.01.16 2017가단74310

소유권이전등기

Text

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

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

Reasons

1. Facts of recognition;

A. The network E is the plaintiff's assistance, and the plaintiff is the plaintiff's grandchildren of the network E.

B. With respect to the 1478m2 (hereinafter “the instant forest”) of the Gu forest in Jeonnam-gun, Jeonnam-gun, the network E is indicated as the previous owner on the closed register.

C. Defendant B completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) on the Grounds of Sale on July 4, 1970, No. 2346, which was received on July 4, 1970 by the Yancheon District Court’s Netcheon Branch Office, and October 9, 1950.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the Plaintiff’s assertion E did not sell the forest land of this case to F referred to Defendant B, the ownership transfer registration for Defendant B and Defendant C is completed without any cause, and each transfer registration for ownership transfer should be cancelled by the registration of invalidity of cause.

B. 1) Determination 1) A registration completed under the Act on Special Measures is presumed to be a registration to be attached to the substantive legal relationship, and unless there is any proof that a letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that a registration for preservation of ownership or a registration for transfer has not been duly registered for any other reason, the presumption power of such registration is not reversed. Here, a false letter of guarantee or confirmation refers to a letter of guarantee or confirmation that the substantive details of the change of rights do not fit the truth (see, e.g., Supreme Court Decision 2004Da29835, Feb. 23, 2006). In a case where a registration for transfer of ownership is completed under the Act on Special Measures for Transfer of Ownership of General Farmland, such registration is presumed to be completed lawfully, and the buyer is less than nine years of age on the date of sale, which is the cause for registration, and the registration is unlawful.