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(영문) 광주지방법원 목포지원 2017.03.15 2016가단50366

소유권이전등기

Text

1. As to the portion of the real estate listed in attached Form 1(1), Defendant A shall recover the authentic title of the Plaintiff as to the portion of 1485.6/4952.

Reasons

1. Facts of recognition;

A. As of May 18, 1985, the Plaintiff (National Tax Service) was registered in the name of 5,200 square meters (hereinafter “the land before the instant subdivision”) of Jeonan-gun E branch line E (hereinafter “the land before the instant subdivision”).

B. From November 20, 1971 to September 15, 1985, F entered into a tax office with regard to the sale of state property and the change of the purchaser’s name. On September 30, 1974, G, using the name of G, one’s former domicile, forged a sales contract for state property, transfer of ownership, certificate for sale of state-owned real estate, and power of attorney, etc. as if G purchased the land prior to the division from the Plaintiff (the head of the competent tax office) on September 30, 1974, and completed the registration of transfer of ownership in the name of H (a person who acquired the purchaser’s status of real estate 1 from G) as to the real estate 1 in the name of G on January 26, 1988.

C. After the subdivision, the details of each of the instant real estate, which became the real estate of this case after the subdivision, and the details of transfer registration of ownership of each of the instant real estate are as shown in attached Table 2.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 18, purport of the whole pleadings

2. As to the cause of claim

A. Determination 1 as to Defendant A is the true owner of the share indicated in Section 1 of this case among the real estate No. 1 of this case, and Defendant A is the true owner of the share indicated in Section 1 of this case, and Defendant A acquired the ownership transfer registration in the name of Defendant A due to the act disposed of by F in violation of the former State Property Act, which is a mandatory law, and thus, Defendant A is the registration invalidation of the ownership transfer registration. Therefore, Defendant A is obliged to implement the procedure for ownership transfer registration based on the restoration of the true title.

B. The former State Property Act (wholly amended by Act No. 9401, Jan. 30, 2009; hereinafter the same) to determine Defendant B, Defendant C, and Defendant D.