부동산등기말소청구
1. The Defendant shall order the Plaintiff to be marked 6, 7, o, 5, 6, and 6 of the attached Form, among the 76 square meters of land C, forest land in Changwon-si, Changwon-si, in turn.
1. The facts below the basis facts are either in dispute between the parties or in accordance with Gap evidence Nos. 6, 17, and 18, together with the purport of the entire pleadings.
A. The Plaintiff owned a 496m2 in Changwon-si, Changwon-si, and the Defendant divided 76m2 out of which was divided into C on December 26, 2007.
The Plaintiff owned 2,678 square meters in Changwon-si, Changwon-si, and the Defendant divided 158 square meters in F on January 8, 2008.
B. On June 9, 2008, the Defendant completed the registration of ownership transfer in the future of the Defendant pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures”), with respect to C Forest Land 76 square meters (hereinafter “the instant land”) and F orchard 158 square meters.
C. The Defendant owns land adjacent to the instant land of G 446 square meters, its ground house, and warehouse.
2. The parties' assertion
A. Since the Plaintiff Defendant completed the registration of transfer of ownership under the Act on Special Measures for the Land of this case with false guarantee, the registration of transfer of ownership under the Defendant’s name must be cancelled
B. Defendant 1) around 1940, Defendant 1: (a) around 1940, the Defendant’s father of the Defendant: (b) resided in the G G 446m2, F land, and the instant land; and (c) purchased the instant land and the instant land, which is the part of the said housing and warehouse located in the Plaintiff’s Cho Division I, following a narrow site around 1955. The Defendant, as H’s heir, completed the registration of ownership transfer pursuant to the Act on Special Measures for the instant land purchased; (b) even if the ownership transfer registration of the instant land is lawful, the Defendant completed the acquisition by possession of the instant land in peace and openly with the intent to own the instant land for twenty (20) years; and (c) thus, the registration that conforms to substantive relations
3. Determination
A. The registration completed in accordance with the Act on Special Measures for the Estimated Power of Registration is presumed to be a registration consistent with the substantive legal relationship, and is prescribed in the Act on Special Measures.