소유권이전등기
1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion, non-party T, U, V, W, X, Y, Z, AB completed each registration of ownership transfer on the ground that he purchased each of the AD land owned by the deceased after July 12, 1950, the deceased's father's death (hereinafter "the deceased"). This is a registration of invalidity of cause.
Each registration of ownership transfer stated in the Defendants’ purport of the claim (hereinafter “each registration of ownership transfer of this case”) is based on the registration of invalidity of the cause. Thus, the registration of invalidity of the cause should also be cancelled.
Therefore, the Defendants are obligated to implement each procedure for the registration of ownership transfer based on the restoration of real name with respect to each land stated in the claims of the Plaintiff, who is the inheritor of the deceased (hereinafter “each land of this case”).
2. Determination
A. The registration completed under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) is presumed to be a registration consistent with the substantive legal relationship. The letter of guarantee or confirmation under the aforesaid Special Measures Act was false or forged.
Unless it is proved that the registration has not been duly made due to any other reason, the presumption of registration of ownership or registration of transfer shall not be broken, and the false letter of guarantee or confirmation here means a letter of guarantee or confirmation that the substantial contents of the changes in rights are inconsistent with the truth, unless it is proved that the registration has been duly made.
In addition, in light of the fact that the above Special Measures Act permits the actual transferee of real estate through a third party, other than a registered titleholder, the date of acquisition of rights, is later than the date of death of the original owner or the former registered titleholder, or the entry of the name of the seller or the date of purchase in the letter of guarantee or written confirmation is different from the actual one, or the entry of the specific reason of change in rights in the letter of guarantee is omitted, and the present status of rights.