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(영문) 대전지방법원 2020.12.16 2019가단114130

소유권말소등기

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All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. E was under circumstances around April 30, 1915 with respect to the instant real estate during the Japanese occupation period, around April 30, 1915, and around October 30, 1914 with respect to the instant 2 and 3 real estate.

E A. On March 7, 1960, the wife F (the dateless death), South-Nam G, and the wife South-Nam H (the dateless death of a woman) inherited on August 26, 1961. G died on August 26, 1961, and on August 26, 1961, South-Nam I (the dateless death of a woman), South-Nam J (the dateless death of October 12, 1993) (the dateless death of a woman), and the plaintiff and the woman K (the dateless death of a woman) inherited.

(B) The wife L shall be the deceased on August 9, 1960).

Defendant B prepared a certificate of guarantee on February 17, 1995, stating that “The owner on the land ledger: E, Resale: the owner on the land ledger: J, Defendant B is not the owner on November 1, 1983, and is in fact owned by J as it is different from the owner on the register.” Based on this, Defendant B completed registration of preservation of ownership on the real estate of this case.

C. Defendant B sold the instant real estate to Defendant C on September 7, 200 and completed the registration of ownership transfer on September 7, 200, and sold the instant real estate 2 and 3 to Defendant D on August 25, 2014.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers), witness N's testimony, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of registration of preservation of ownership in accordance with the Act on Special Measures for the Real Estate of this case, the guarantor M and N, without knowledge of the change of rights, have prepared a guarantee certificate with the belief of only the horses of theO and the registered titleholder without any confirmation. Unlike the letter of guarantee that Defendant B purchased from J, Defendant B also purchased rice with her mother P while selling rice from J. The content of the guarantee certificate is false.

around November 1, 1983, Defendant B purchased the instant real estate from J, the J along with the Plaintiff, K, etc.