소유권이전등기말소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 16, 1970, 1970, the Plaintiff’s attached D completed the ownership transfer registration (sale on March 12, 1970) with respect to the land of this case under the Special Metropolitan City District Court’s Full Registry No. 632 on March 16, 1970, as to the land of this case (hereinafter “the instant land”). The Plaintiff completed the ownership transfer registration (the inheritance by consultation division on July 24, 1993) pursuant to the Special Metropolitan City District Court’s Full Registry No. 20899, Oct. 18, 1994 with respect to the instant land.
B. On July 6, 2006, E, F, and G drafted a guarantee certificate stating that “the Defendant shall purchase the instant land from H on November 5, 1994 and guarantee that it is in fact owned at present.” On the basis of the said guarantee certificate, the Defendant was issued a written confirmation of the same content by the head of Gun of Y on January 8, 2007.
C. The Defendant completed the registration of ownership transfer (as of November 5, 1994, the registration date) under the receipt No. 2949 of February 6, 2007, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, invalidation, and special measures) with respect to the land of this case based on the written confirmation issued as above.
[Grounds for recognition] The entry of Gap evidence Nos. 1 and 2, the results of the fact-finding inquiry and reply to the complete military of this Court, the purport of the whole pleadings
2. The registration of transfer of ownership under the Act on Special Measures for the Development of Defendant’s Name as to the land of this case is the registration of invalidity of cause based on a false certificate issued, accompanied by a false certificate.
Therefore, the Defendant, as the owner of the instant land, is obligated to implement the procedure for registration of cancellation of ownership transfer registration in the name of the Defendant as to the instant land.
3. A registration completed under the Act on Special Measures for Determination shall be presumed to be a registration consistent with the substantive legal relationship, and there is no proof that the letter of guarantee or confirmation under the Act on Special Measures has been false or forged, or that it has not been duly registered due to other reasons.