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(영문) 광주지방법원 2018.08.22 2017나59498

소유권말소등기

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1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added by this Court shall be dismissed.

3...

Reasons

1. The plaintiff's assertion

A. 1) Defendant B’s primary claim is the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 4502, hereinafter “Special Measures Act”).

(2) As to the land of this case, it is reasonable to deem that the registration of transfer of ownership as stated in the purport of the claim was completed on May 11, 1970 on the ground of "sale and purchase," but it is reasonable to deem that the guarantee form under the Act on Special Measures for the Ownership Transfer Registration, which is the basis of the ownership transfer registration completed on the land of this case, was made by falsity or forged. Accordingly, the above registration should be cancelled as a registration of invalidation of cause, and each registration of ownership transfer in the name of Defendant C, Defendant D, and Defendant E, which was completed on the land of this case should also be cancelled. 2) Meanwhile, the network H (hereinafter referred to as “H”) which is the original owner of the land of this case, donated the land of this case to Chonam-gun (hereinafter referred to as “I”). On February 19, 1973, I, including the land of this case, sold 30,500,000 won P and Q, etc. to the Plaintiff's husband of this case (hereinafter referred to as the Plaintiff's husband of this case).

B. Preliminary Claim 1) A acquired a claim for registration following the completion of the prescriptive acquisition on the instant land, and thereafter the J transferred the said claim for registration to J as the J purchased the instant land from I. 2) In addition, the J continuously occupied the said land for at least 20 years since it occupied the instant land on February 19, 1973, and even J acquired a claim for registration following the completion of the prescriptive acquisition on the said land.

3. Therefore, the Plaintiff, as co-inheritors of J, succeeded to the above right to claim for registration, and thus, the Plaintiff’s subrogation of the genuine owner of the instant land to the Defendants.