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(영문) 대구지방법원 2015.11.12 2015나4083

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 14, 1981, the Plaintiff and C completed the registration of ownership transfer with respect to one-half shares of each of the 24,694 square meters of D Forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the land before subdivision”).

B. On December 30, 1989, the land before the subdivision was divided into E 236С, J 4,296С, K 10,65С, K 271С, F 2,50С, G 3,992С, and D became 2,740С of forest land.

C. K forest land was subject to registration conversion with 10,298 square meters prior to M on December 30, 1989, and the 10,298 square meters prior to M was divided into 8,584 square meters prior to M and 1,714 square meters prior to M on the same day.

D. On March 21, 1990, No. 2610 received on March 21, 1990, the registration of transfer of ownership in the name of the defendant was completed on March 19, 199 with respect to MM 8,584 square meters.

E. In accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 7500, hereinafter “Special Measures Act”), the Defendant completed the registration of ownership transfer under the name of the Defendant, which was based on sale on February 10, 1994, with the Cheongong District Court, Daegu District Court No. 10070, Dec. 20, 2006, as to D forest 2,740 square meters and E forest 236 square meters.

F. Under the Act on Special Measures, the Defendant completed the registration of transfer of ownership in the name of the Defendant on December 20, 2006, No. 10069, which was received on December 20, 2006, with respect to F forest land 2,503 square meters and G forest 3,992 square meters.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) A registration of transfer of ownership made under the Defendant’s name under the Act on Special Measures for the Development of D, E, F, and G is null and void since it was based on a false guarantee. 2) C agreed on December 30, 1989 that the registration of transfer of ownership was completed at the intervals of one-half of shares among D, E, and F.

3. Accordingly, the Plaintiff is the owner holding one-half shares of each of D, E, F, and G against the Defendant, and the implementation of the cancellation registration procedure for each of the above shares, D, and D.