소유권말소등기
1. The defendant shall receive on December 14, 2007 from the plaintiff with respect to the area of 1,792 square meters in Jeonnam-gun, Jeonnam-gun.
1. Basic facts
A. The Plaintiff completed the registration of transfer of ownership on May 17, 1995, No. 19532, which was received on May 17, 1995, with respect to the land of this case 1,792 square meters prior to Jeonnam-gun, Jeonnam-gun (hereinafter “instant land”). < Amended by Act No. 4532, Nov. 1, 1948>
B. On July 19, 2007, the Defendant: (a) drafted a certificate of guarantee on July 19, 2007, stating that “the Defendant shall guarantee that the instant land is currently owned by the Defendant after purchasing it from G on May 27, 1995; (b) purchased the instant land from G on May 27, 2007 and actually owned it as a guarantor under the former Act on Special Measures for the Transfer, etc. of Real Estate Ownership (amended by Act No. 7500, Dec. 31, 2007; hereinafter “Special Measures Act”); and (c) completed the registration of ownership transfer as of July 19, 207, by using the above certificate to the effect that “the Defendant purchases the instant land from G on May 27, 2005; and (d) completed the registration of ownership transfer as of December 37, 2007 for the instant land as the date of receipt on May 27, 2007.”
[Reasons for Recognition] Gap evidence Nos. 1, 3, 5 (including each number), Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. Despite the fact that the registration of transfer of ownership in the name of the defendant with respect to the land of this case cannot be subject to the Act on Special Measures, the registration is completed in accordance with the said Act, and it is not presumed that the registration has been completed lawfully.
Even if the above Act is applicable, the ownership transfer registration under the name of the defendant with respect to the land in this case is completed on the basis of a false guarantee certificate and a false confirmation certificate, and such registration is not presumed lawful.
Meanwhile, the Plaintiff did not sell the instant land to G, and even if so, H was the representative of the Plaintiff at the time without the resolution of the general meeting.