소유권말소등기
1. As to the real estate listed in the [Attachment A] list No. 1 to the Plaintiff, Defendant C shall be applied to the Gwangju District Court.
1. Determination as to the claim against Defendant C
A. As to the following arguments by the Plaintiff A, Defendant C is deemed to have led to the confession under Article 150 of the Civil Procedure Act.
1) On April 9, 1958, Plaintiff A’s E network was deceased on April 9, 1958, and Plaintiff A died on March 6, 194, and Defendant C completed the registration of transfer of ownership due to sale on October 10, 1975, with regard to the real estate listed in the [Attachment List No. 1], which was owned by Plaintiff A, was owned by Plaintiff A. 2. The Defendant C completed the registration of transfer on the ground of sale on May 17, 1994, 3148, received on May 17, 1994.
3) The registration of transfer of ownership in the name of Defendant C with respect to the above real estate was completed on the basis of the guarantee prescribed in the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 4502 of Nov. 30, 1992) but D had already died on April 9, 1958, and D had sold the above real estate to Defendant C on October 10, 1975 is a false guarantee written.
B. According to the above facts of recognition, the registration of transfer of ownership in the name of Defendant C, which was completed with respect to the above real estate, is completed in accordance with lawful procedures, and thus, the presumption of registration in accordance with the substantive legal relationship has been broken. Thus, Defendant C is obligated to cancel it to Plaintiff A who succeeded to the network D.
2. Determination as to the claim against the defendant Bosung-gun
(a) The following facts are not disputed between the parties, or are recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence of Nos. 1, 5, and 13 (including evidence numbered):
1) On April 9, 1958, the networks of Plaintiff A, A, A, died on April 9, 1958, and on March 6, 194, the networks of D, South Korea, died on March 6, 194. Plaintiff A, as the head of E, is the heir of D, Plaintiff B is the birth of Plaintiff A, and Plaintiff B is the birth of Plaintiff A. 2 through 5, while A, from 1920 to 1928, completed each registration of ownership transfer between Plaintiff A and Defendant Bosung District Court.