Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 13, 1966, the instant real estate is located near the reservoir located in consideration of the high-income bracket with the land, the ownership transfer of which was registered in the name of the Plaintiff.
B. On December 10, 1980, the real estate of this case was registered under the name of the defendant (which was the Dasung Farmland Improvement Association at the time) on the ground of the acquisition of public land by consultation on March 4, 197, by the Changwon District Court's High Court's receipt of the registration office of Gosung District on March 10, 1980.
[Ground] Facts without dispute, entry of Gap 1-3 evidence, purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff did not transfer the instant real estate to the Sungsung Farmland Improvement Association, a telegraph of the Defendant.
The plaintiff's assertion is supported by the following facts: (a) the defendant is unable to submit a land purchase register, etc. to prove the purchase of the real estate of this case; (b) there is no entry that the plaintiff issued his certificate of personal seal impression, etc. to the defendant on the part of the defendant in 1980; (c) around 1977, which was the time of acquisition of the real estate of this case on the register, there is no entry that the defendant conducted a public project in the vicinity of the compensation reservoir and conducted the consultation procedure on the surrounding land; and (d) in the case of Gosung-gun, Gosung-gun, Da-gun, located in the vicinity of the real estate of this case, the registration of ownership transfer was cancelled on the ground of consultation on the acquisition of public land of March 10, 1987.
The registration of transfer of ownership in the name of the defendant shall be cancelled because it is the registration of invalidation made by mistake due to occupational error.
B. In the event that the ownership transfer registration for one real estate is completed, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration.
Therefore, the registration of ownership transfer of the registered titleholder is transferred in the dispute.