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(영문) 대구지방법원영덕지원 2014.04.22 2013가단1612
소유권보존등기말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff owned Non-Party Ma (the deceased on June 16, 1945) (hereinafter “the instant forest”). The Plaintiff was registered only on the land cadastre and died in the situation where the ownership preservation registration was not completed, and the deceased’s property was inherited by N, one of his children.

B. The above N was killed on January 4, 1949, and the net N’s property was inherited to the Plaintiff, his hand, who was his hand.

C. B (the Plaintiff filed a lawsuit against us, but during the lawsuit, the Defendants taken over the lawsuit following her death) was done on October 21, 1971 as if she purchased the forest land of this case from her deceased M, and completed registration of preservation of ownership in accordance with the Act on Special Measures for the Registration of Real Estate Ownership in accordance with the Act on Special Measures for the Registration of Real Estate Ownership Registration.

Therefore, registration of preservation of ownership in B’s name on the forest land of this case (hereinafter “registration of preservation of this case”) is a registration of invalidation without any cause and must be cancelled.

2. Since the registration under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate is presumed to be a registration that conforms to the substantive legal relationship, a party seeking the reversal of such presumption has prepared a false letter of guarantee or confirmation under the above Act, which forms the basis of the registration;

or forged;

The burden of proving that the registration was not duly registered for any other reason must be proved. The degree of proof to reverse the presumption of the registration must be proven to the extent that the substantive entries in the guarantee certificate or written confirmation, which forms the basis of the registration, are not true, and the presumption of registration is not reversed unless there is such proof (see, e.g., Supreme Court Decision 2005Da2189, Apr. 29, 2005). The record of preservation in the instant case was based on false guarantee certificate or written confirmation (see, e.g., Supreme Court Decision 2005Da21

shall not be duly registered for any other reason.

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