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(영문) 광주지방법원목포지원 2016.03.23 2015가단6737
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. Each real estate listed in the attached list 1 and 3 of the purport of the plaintiff's assertion is owned by the plaintiff's assistance division C. The real estate listed in the attached list 2 is owned by the plaintiff's assistance division D. The defendant concluded a sales contract on the date after C and D died. Since the defendant completed the registration of ownership transfer based on a false guarantee document using the Act on Special Measures for the Registration, etc. of Ownership Transfer, which was enforced in 193, the defendant is obligated to implement the procedure for the registration of ownership transfer, which is void as

B. A registration made under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) shall be presumed to be a registration in conformity with the substantive legal relationship, and the presumption of registration of transfer shall not be broken unless it is proven that a letter of guarantee or confirmation prescribed under the Special Measures Act is false or forged, or that a legitimate registration is not made for any other reason. In addition, if a person who completed registration under the Act on Special Measures claims that he/she acquired a right in accordance with other grounds for acquisition even if he/she recognizes that the reason for acquisition stated in a letter of guarantee or confirmation is different from the fact, it is obvious that the registration under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate cannot

Unless there exist special circumstances, such as that it is clear that it is an verbly permissible tool, the above reasons alone cannot be deemed to have broken the presumption ability of registration made under the Act on Special Measures, and only if it is proven to the extent that it is not true with respect to the facts of the cause of acquisition newly asserted by other data, the presumption ability of registration can be broken (see Supreme Court Decision 201Da59025, Apr. 26, 2012). Thus, the date of concluding a sales contract for each real estate in the evidence submitted by the Plaintiff or the attached list submitted by the Plaintiff is prior to the date of concluding the sales

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