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(영문) 청주지방법원 2020.07.03 2019가단29686

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 10, 1979, the registration of ownership transfer was made under the name of the defendant on the ground of sale on January 10, 1969, with respect to each real estate listed in the attached Tables 1 and 2, which was owned by the deceased D (hereinafter referred to as the Deceased) based on the previous Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977).

B. On May 17, 1994, the registration of transfer of ownership was made on May 6, 197 under the name of the defendant on May 17, 1994 on the real estate stated in paragraph (3) of the attached Table, which was owned by the deceased, based on the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter the above registration was made en bloc.).

C. The Deceased died on July 8, 1959, and the Plaintiff is the south of the Deceased, and the Defendant is the south of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 23, Eul evidence 1, Eul evidence 10, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted as the cause of the claim in this case, that all the property of the deceased, including each real estate listed in the separate sheet (hereinafter collectively referred to as the "real estate in this case"), upon the death of the deceased, was inherited solely by the South-North, and the defendant obtained a false certification and completed the registration of this case, the registration in this case shall be revoked by the registration of invalidity of the cause.

B. We examine the judgment, first of all, as alleged by the Plaintiff, whether the Plaintiff solely inherited all the property of the deceased, as alleged by the Plaintiff, the written evidence Nos. 20 and 21 alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

In addition, registration completed in accordance with the former Act on Special Measures for the Registration of Ownership Transfer (Act No. 3094, Dec. 31, 197) shall be presumed to be registration in accordance with the substantive legal relationship, and a letter of guarantee or confirmation stipulated in the said Act has been false or forged or other matters.