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(영문) 제주지방법원 2018.11.13 2018가단5644
소유권이전등기말소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the instant land, the registration of ownership transfer was completed in the name of the deceased C, and on November 19, 1993, the registration of ownership transfer was completed in the name of North Jeju-gun on May 10, 1951 under the name of North Jeju-gun pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

B. On September 10, 1990, before the registration of transfer of ownership was completed, the Plaintiff, the son of the network D (the deceased C’s grandchildren) prepared a donation contract and a written consent to the entrustment of registration with respect to the instant land and delivered it to the North Jeju-gun.

E, F, and G drafted on July 20, 1993 a certificate of guarantee that “the instant land was donated to North Jeju-gun from the deceased, the owner of the instant land on the registry, to North Jeju-gun.”

C. After December 24, 2010, on the instant land, the registration of transfer of ownership was completed on July 1, 2006 under the name of the Defendant on the ground of succession to rights.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5 (including additional evidence), Eul evidence Nos. 1 to 4, witness E and F's testimony, and purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The alleged land was owned by the network C, and the network D succeeded to Australia, and thereafter the network D died, and children including the Plaintiff were succeeded to it.

Jeju Special Self-Governing Province (at that time, North Jeju Special Self-Governing Province) requested the Plaintiff to hold a consultation on the purchase of the land of this case on or around 1990, but it completed the registration of ownership transfer, etc. based on the false letter of guarantee without specific procedures for consultation.

Therefore, since each ownership transfer registration completed in the name of the defendant with respect to the instant land is entirely null and void, the defendant is obligated to implement the procedure for registration cancellation of each ownership transfer registration to the plaintiff.

B. The registration under the Act on Special Measures for Determination 1 is presumed to be consistent with the substantive legal relationship, and the presumption is reversed.

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