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(영문) 광주지방법원해남지원 2016.02.02 2015가단21179
소유권말소등기
Text

1. Defendant B shall receive, on March 20, 1995, the Jindo District Court's Jindo Registry on the real estate stated in the attached Form from Nonparty D.

Reasons

1. Basic facts

A. As to the instant real estate on June 5, 1947, the registration of ownership transfer was completed in the name of the Plaintiff’s father D, the Plaintiff’s father, on the ground that the Jindo District Court’s receipt of the Jindo District Court’s registration office was “transaction on May 10, 1947.” B. As to the instant real estate, “E, F, and G, December 24, 1994.” From March 15, 1969, the instant real estate is jointly and severally and severally guaranteed that B sells the instant real estate from the owner D registered in the Forestry Register and owns it at present.

The letter of guarantee (hereinafter “the letter of guarantee”) was written. C. On March 20, 1995, the registration of ownership transfer was completed on March 15, 1969 by the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) under Article 4542 of the receipt of the Jindo-gu District Court registry of the Gwangju District Court on March 20, 1995.

(hereinafter referred to as “the instant transfer registration”) No. 1. D.

On June 1, 2015, Defendant B sold the instant real estate to Defendant C, and on June 2, 2015, the ownership transfer registration for the instant real estate was completed on the ground of the said sale as the receipt of the Jindo District Court's Jindo Registry under Article 4434 on June 2, 2015.

(hereinafter “this case’s second ownership transfer registration”). 【No dispute exists concerning the ground for recognition / [the ground for recognition], Gap evidence 1-1, 2, Gap evidence 2, and Eul evidence 3-4, and the purport of the whole pleadings.

2. Claim against the defendant B

A. The fact that Defendant B did not actually purchase the instant real estate from D, and was falsely issued a letter of guarantee and confirmation prescribed by the Act on Special Measures, even though there was no title to acquire the instant real estate, and completed the registration of ownership transfer of the instant case, shall be deemed to have not been disputed between the Plaintiff and Defendant B, or to have been led to a confession under Article 150(1) of the Civil Procedure Act. The Plaintiff, among D’s co-inheritors, sought cancellation of the registration of ownership transfer of

B. The above recognition is recognized.

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