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(영문) 창원지방법원 통영지원 2018.05.31 2017가단3092

소유권이전등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Defendant completed the registration of ownership transfer of the instant land under the old Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) as to the instant land owned by the Plaintiff, Changwon District Court registration office No. 19968, Jun. 20, 1995.

The letter of guarantee in the name E, F, and G (hereinafter “instant letter of guarantee”) attached to the Defendant in order to obtain a written confirmation necessary for the application for the registration of the transfer of the instant land in accordance with the Act on Special Measures is stated as follows: “The above real estate shall be guaranteed jointly and severally by the head of the Gun, who is currently owned by the owner registered in the ledger from September 18, 1983 from the owner registered in the ledger.”

【The Plaintiff’s assertion of the purport of the entire pleadings and arguments of Gap’s evidence Nos. 1 through 3, Eul’s evidence Nos. 2 and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings and the plaintiff’s assertion that the land of this case was donated by the plaintiff, despite the fact that the land of this case was not donated by the plaintiff, completed the registration of transfer of ownership under the Act on Special Measures. The Plaintiff sought against the defendant for the implementation of the procedure

Judgment

The presumption power of registration of initial ownership or registration of transfer is not broken unless it is proved that the registration completed under the Act on Special Measures for the Law and the Act on Special Measures is in accordance with the substantive legal relationship, and that the letter of guarantee or confirmation under each of the above special measures is false or forged, or that the registration is not legally registered due to other reasons, and the false letter of guarantee or confirmation here refers to a letter of guarantee or confirmation, the substantial contents of which are not consistent with the truth.

(see, e.g., Supreme Court Decision 2009Da15145, Jun. 11, 2009). In such cases, whether part of the guarantor under the Act on Special Measures is passively traded or not.