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(영문) 대구지방법원 2019.01.30 2018나2156

원인무효로인한소유권이전등기말소

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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The network E was registered as an owner on March 3, 1925 with respect to the area of 2,020 square meters (hereinafter “real estate before subdivision”) before Yongcheon-si prior to subdivision.

B. On March 14, 1994, F applied for the division of the real estate before subdivision to the head of Yeongdeungpo-gu, Young-gu, 1808 square meters prior to D, 208 square meters prior to C, 32 square meters prior to G162 square meters, and submitted the division survey result map prepared on February 17, 1994, which was surveyed on March 8, 1994, and the real estate before subdivision was divided as above on March 15, 1994.

C. The deceased, upon receipt of a letter of guarantee stating that "I, from October 10, 1980 to J (E) shall purchase and sell the pertinent real estate and shall be jointly and severally and severally guaranteed that I actually own it at present. I shall purchase and sell the said real estate from October 10, 1980 to be confirmed that I actually owns it," and upon receipt of a letter of guarantee signed with the name and seal of K, L, M, and N, the head of the competent Si/Gun shall confirm that I currently owns it from October 10, 1980." As to the instant real estate, the deceased District Court completed the registration of preservation of ownership under the name of the deceased District Court under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 4502 on November 30, 1992 and enacted on December 31, 194; hereinafter "Special Measures Act"). < Amended by Presidential Decree No. 14483, Oct. 26, 1994>

On January 27, 2009, the Defendant completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) under the receipt No. 11995 of April 29, 2009, as the cause of registration, of inheritance by consultation and division on January 27, 2009.

On July 22, 1994, the Plaintiff signed the name and seal of the guarantor K, L, M, and N to the effect that “I, from January 20, 1975, sell the said real estate and actually own it at present by O,” with respect to D’s size 1808 square meters (hereinafter “divided D’s real estate”).