소유권이전등기
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
A. A. On July 16, 1919, D and E were assessed against C forest land of 158,281 square meters (hereinafter “the instant forest”) in 158,281 square meters (hereinafter “the instant forest”).
B. On September 16, 1994, the Defendant issued a written confirmation to the effect that “the Defendant sells and actually owns the forest of this case on January 9, 1970” from the number of public officials who were employed by the guarantor F, etc. under the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992, hereinafter “Special Measures Act”), and completed the registration for the preservation of ownership (hereinafter “registration of this case”) by the registration office No. 26096, Sept. 16, 1994.
[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including branch numbers; hereinafter the same shall apply)
2. The plaintiff's assertion
A. The forest land of this case is a property owned and managed jointly by H, which consists of descendants of G, and by Defendant C, among H, 1/2 shares to D (the Plaintiff’s member of the clan), and 1/2 shares to Defendant C and 1/2 shares to Defendant D and E were entrusted to Defendant C.
B. Since there was no fact that sale and purchase was made with respect to one-half portion owned by D, the content of the letter of guarantee, which forms the basis of the instant registration, is not consistent with the substantive relationship, and accordingly, the registration of this case, which was made accordingly, is a registration invalidation of
(c)
A plaintiff, one of the co-inheritorss of D (Death on August 1, 1936), who is a joint heir, sought the cancellation of the registration of this case as a preservation act.
3. Determination
A. Where the registration for the preservation of ownership is made under the Special Measures Act, even if there is a separate person in charge of the assessment of the real estate, such registration shall be presumed to be completed in accordance with the lawful procedures prescribed in the Special Measures Act and consistent with the substantive legal relationship. Therefore, a person who intends to file a lawsuit for the cancellation of the registration for the preservation of ownership completed under the Special Measures Act shall be deemed to have the title of