소유권말소등기
1. As to the plaintiffs, as to the share of 33/793 square meters in JJ 793 square meters in Gyeongcheon-gun, Chungcheongnam-gun, the defendant H is the Changwon District Court.
1. Basic facts
A. The Plaintiffs were the inheritors of the deceased K (the deceased on January 16, 1984, hereinafter “the deceased”) and Plaintiff A was the deceased’s wife, Plaintiff E, F, and G. The deceased’s son L died on January 11, 201, while Plaintiff B was L’s wife, Plaintiff C, and D were L’s children.
B. On December 28, 1976, the Deceased completed the registration of ownership transfer on the ground of sale on December 24, 1976 with respect to 793 square meters (hereinafter “instant land”). Defendant H completed the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”) on the ground of sale on July 30, 1986 with respect to 33/793 shares out of the instant land (hereinafter “instant shares”). Defendant I completed the registration of ownership transfer on May 11, 2016 with respect to 33/793 shares registered as owned by Defendant H among the instant land on May 11, 2016.
C. At the time of the above transfer registration, Defendant H submitted a guarantee certificate from M, N, andO, a resident of the same village at the time of the above transfer registration. The above guarantee certificate states that “Defendant H guarantees that the present land is sold from L on July 30, 1986 and actually owned it.”
(hereinafter referred to as "the guarantee of the above guarantee" is the letter of guarantee of this case, / [the grounds for recognition] without dispute, entry of Gap evidence 1 and 5, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion that Defendant H completed the registration of ownership transfer on the instant land shares based on a false guarantee document prepared by the guarantor M, N, andO, even though he did not purchase the instant land shares from the deceased or his heir, and thus, the registration of ownership transfer in the name of the Defendants should be cancelled as the registration of invalidity of the cause.
B. Defendant H’s assertion P resided from around 1938 to Gohap-gun Q, Chungcheongnam-gun, and approximately weak.