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(영문) 창원지방법원 2018.08.03 2017나59144

소유권말소등기

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1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiffs were the inheritors of the deceased K (the deceased on January 16, 1984, hereinafter “the deceased”) and Plaintiff A was the deceased’s wife, Plaintiff E, F, and G. The deceased’s son L died on January 11, 201, while Plaintiff B was L’s wife, Plaintiff C, and D were L’s children.

B. On December 28, 1976, the Deceased completed the registration of ownership transfer on the ground of sale on December 24, 1976 with respect to 793 square meters (hereinafter “instant land”). Defendant H completed the registration of ownership transfer on October 31, 2007 with respect to 33/793 shares out of the instant land (hereinafter “instant land shares”) due to sale on July 30, 1986, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”). Defendant I completed the registration of ownership transfer on May 11, 2016 with respect to the instant land shares on the ground of sale on May 6, 2016.

C. At the time of the above transfer registration, Defendant H submitted a guarantee certificate from M, N, andO, a resident of the same village at the time of the above transfer registration. The above guarantee certificate states that “Defendant H guarantees that the present land is sold from L on July 30, 1986 and actually owned it.”

(hereinafter referred to as "the guarantee of the above guarantee" is the letter of guarantee of this case, / [the grounds for recognition] without dispute, entry of Gap evidence 1 through 5, and the purport of the whole pleadings.

2. The parties' assertion

A. Defendant H’s assertion completed the registration of ownership transfer of the instant land shares based on a false guarantee document prepared by the guarantor M, N, andO, although he did not purchase the instant land shares from the deceased or his heir, and thus, Defendant H completed the registration of ownership transfer of each ownership transfer in the name of the Defendants shall be cancelled as the registration of invalidity of the cause.

B. Defendant H’s assertion that the Defendants Company P resided from around 1938 to around 1938, and Defendant H was around 40 to 50.