소유권이전등기절차이행
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are found either in dispute between the Parties or in accordance with the statements in Gap evidence 1 and 2:
A. The instant land is obvious that the “G” in the written complaint, the original father of the Plaintiff, is a clerical error in D.
On October 22, 1984, the Plaintiff completed the registration procedure for ownership transfer on the ground of sale on July 30, 1974 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3562, invalidation).
B. On April 1, 1994, the father E of the defendant completed the registration procedure for ownership transfer on the ground of sale on February 10, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502, invalidation).
C. The Defendant F, on April 15, 2008, completed the registration procedure for ownership transfer on the ground of donation on February 1, 1995, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500).
On November 24, 2008, the defendant completed the procedure for the registration of ownership transfer on November 19, 2008 with respect to the land of this case.
2. Although the Plaintiff did not sell the instant land to the Defendant’s father E around February 10, 1985, E obtained a false guarantee from three farmland members and completed the registration of ownership transfer pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 4502, effective).
Therefore, the registration of ownership transfer in the name of E is the registration invalidation of cause, and the registration of ownership transfer in the order of F and the registration of ownership transfer in the name of the defendant is also null and void. Therefore, the plaintiff seeks to implement the procedure for ownership transfer registration to the defendant who is the last registered titleholder.
3. Determination
A. The registration completed under the former Act on Special Measures for the Registration, etc. of Ownership Transfer is presumed to be a registration that conforms to the substantive legal relationship, and is prescribed under the said Act.