beta
(영문) 제주지방법원 2017.11.01 2016나6897

원인무효에 의한 소유권보존등기 말소 청구

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The instant land was assessed against D on August 15, 1913.

D The son died on May 5, 1964, and the son, one of the successors of D, died in around 1960, and the plaintiff is the son of E.

B. On April 17, 198, the Defendant drafted a sales contract with H and G land (hereinafter “H land,” and “G land”) at Jeju, including the instant land. Each of the instant land is a master land, with the price of H land as KRW 1.9 million, and the price of G land as KRW 1.9 million. At the time, L et al. affixed a seal on the said sales contract as a witness qualification.

(hereinafter “instant sales contract”). C.

On September 7, 1993, the Defendant filed an application for registration of initial ownership along with a letter of guarantee (the owner in the registry is D, and the Defendant purchased the instant land from J on March 10, 1983) in accordance with the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, Apr. 7, 1993; hereinafter “former Act”). On December 7, 1993, the registration of initial ownership in the name of the Defendant (hereinafter “instant registration of initial ownership”).

After entering into the instant sales contract, the Defendant cultivated each part of the instant land and Jeju City I land (hereinafter “I land”) and cultivated them, and developed and cultivated up up to the portion adjacent to I land among the instant land, which was not used as farmland at the time of the sales contract.

(The shape of each of the above lands and the approximate cultivation status among them are the same as the attached pictures). [The grounds for recognition] does not dispute the following facts: Gap evidence Nos. 1 through 4; Eul evidence Nos. 1, 7, and 8 (including those with a serial number; hereinafter the same shall apply) and images; witness F, and L; witness testimony of each part; the result of the on-site inspection by this court; the result of the appraisal commission to the Korea Land Information Corporation; the purport of the entire pleadings;

2. The parties' assertion

A. The plaintiff.