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(영문) 창원지방법원 진주지원 2018.08.10 2017가단35751
소유권말소등기
Text

1. The defendant received on January 28, 2008 from the Changwon District Court's Busan District Court's Office on the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 5, 1994, the network C completed the registration of ownership transfer on the ground of sale on December 20, 1985 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Defendant completed the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) as the receipt No. 1464 on January 28, 2008, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”) for the instant real estate on the grounds of sale on February 10, 1995.

C. The letter of guarantee attached as a document for the cause of the registration of ownership transfer of this case states that "A, E, and F shall guarantee that "the real estate of this case shall be purchased from the owner registered in the ledger on February 10, 1995 (if the owner in the ledger is different from the owner in the ledger: from A) and actually owned as a guarantor."

The deceased C died on October 21, 1996, and there was the plaintiff, etc., who was a child at the time of death.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 3-1 to 3, Gap evidence 4-1 and 4-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The plaintiff's assertion 1) purchased and owned the real estate of this case from G on December 20, 1985, but the defendant issued a false certificate for sale and purchase on February 10, 1995 and completed the registration of ownership transfer of this case under the Act on Special Measures on January 28, 2008. Since the above registration of ownership transfer is invalid, the plaintiff is a co-owner who inherited the above real estate ownership, and as the plaintiff is seeking cancellation of the above ownership transfer registration against the defendant. 2) The defendant alleged that the real estate of this case was located in a village where the real estate of this case was located, the defendant was owned while managing the above real estate from around 1974 to around the end of 207.

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