소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why the court states this part of the basic facts are the same as the corresponding items of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Although the Plaintiff’s assertion E did not have donated each of the instant land to the Defendant, the Defendant obtained a false guarantee from F, etc., and completed the registration of ownership transfer under the Act on Special Measures, the above transfer registration is null and void.
Therefore, the Defendant, who is the heir of the deceased E, is obligated to implement the procedure for ownership transfer registration for each of the instant land due to the restoration of real name, or to implement the procedure for cancellation registration of ownership transfer registration of this case.
3. Determination
A. A registration completed under the Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship, and a letter of guarantee or confirmation under the Act on Special Measures was false or forged;
Unless it is proved that the registration has not been duly made due to any other reason, the presumption of registration of ownership or registration of transfer shall not be broken, and the false letter of guarantee or confirmation here means a letter of guarantee or confirmation that the substantial contents of the changes in rights are inconsistent with the truth, unless it is proved that the registration has been duly made.
In addition, in light of the fact that the above Special Measures Act permits the actual transferee of real estate to make registration inconsistent with the process of the alteration of a right, the date of legal act which is the cause of the acquisition of a right is later than the date of death of the original owner or the former registration titleholder, or the entry of the name of the seller or the date of purchase in the letter of guarantee or written confirmation is different from the actual one, or the entry of specific grounds for the alteration of a right
Even if so, it cannot be said that the legal presumption power of the registration is broken.
In addition, the registration is completed under the Act on Special Measures.