소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion was completed on March 8, 2005, by purchasing the instant real estate on the ground indicated in the separate sheet via C and D (hereinafter “instant real estate”) and occupying the instant real estate in peace and openly and openly for twenty (20) years from March 8, 1985.
While the Plaintiff prepared the procedure for ownership transfer registration against E, who was the owner of the instant real estate, based on the prescription period, on August 9, 2007, the Defendant completed the registration of ownership transfer based on the donation made on January 1, 1965 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “instant transfer registration”) by Act No. 7500 on August 9, 207.
Since the ownership transfer registration of this case is completed on the basis of a false letter of guarantee, the plaintiff is seeking to cancel the ownership transfer registration of this case against the defendant in subrogation of the plaintiff E.
2. Determination
A. The registration completed under the Act on the Special Measures for the Estimated Registration under the Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship, and the letter of guarantee or confirmation under the Act on Special Measures was false or forged;
Unless it is proven that the registration was not lawfully made on other grounds, the presumption power of registration of initial ownership or registration of transfer is not broken (see, e.g., Supreme Court Decision 2012Da53451, Apr. 26, 2013). Where a person who completed registration under the Act on Special Measures claims that he/she acquired a right based on other grounds of acquisition even if he/she recognizes that the grounds for acquisition stated in the letter of guarantee or written confirmation are different from the facts, it is obvious that the registration under the Act on Special Measures for Special Measures for Special Measures for Special Measures for Special Measures cannot be completed, such as the case where the date on which the grounds for acquisition could not be applied exists, or that the assertion is incomplete
Unless there are special circumstances, such as where it is obvious that it is an authorized tool in itself, it is only the above reasons.