소유권이전등기말소등기 등
1. The defendant shall receive the plaintiff on January 15, 1980 the Ulsan District Court Yangsan District Court 14,380 square meters of the D forest land in Gyeyang-si and the plaintiff on January 15, 1980.
1. Basic facts
A. The Plaintiff (hereinafter the Plaintiff’s clan) donated the Plaintiff’s clan 14,380 square meters of D forest land owned by the Plaintiff (hereinafter the instant land). The Plaintiff’s clan entered into a title trust agreement with F, G, H, and H, which are the cause of the clan, and had the Plaintiff’s clan completed the registration of ownership preservation on April 21, 1971 under its name with respect to the instant land.
F The F died on May 26, 1986, G on July 8, 1978, H on November 5, 1990, and I et al. jointly inherited their property.
B. B is a member of the Plaintiff clan, and around January 15, 1980, K, L, and M, the residents of J who he was living, prepared a guarantee of guarantee that “B purchased the instant land on January 19, 1973.” On January 15, 1980, B completed the registration of ownership transfer (hereinafter “one registration”) in its own name pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Jan. 15, 1980) using the said guarantee of guarantee.
C. B (hereinafter “the Deceased”) died on April 28, 2015, and the Defendant, his child, on October 22, 2015, completed the registration of ownership transfer due to inheritance by consultation and division (hereinafter “two registration”) in his/her name regarding the instant land.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, witness K's testimony, the purport of the whole pleadings
2. Determination
A. 1) Party’s assertion 1) The Plaintiff’s clan did not sell or donate the instant land to the Deceased. Since the Deceased completed one registration pursuant to the Act on Special Measures by using a false guarantee, one registration is null and void, and the two registrations based thereon are also null and void. The Plaintiff clan sought cancellation of 1 and 2 registration against the Defendant on behalf of the heir, such as the title trustee, F, etc. The Defendant’s father N of the Deceased’s assertion against the Defendant around 1965, around 1965.
O's transfer of ownership of the above land to N in 1971.