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(영문) 창원지방법원 2015.02.05 2014나31862
소유권말소등기
Text

1.The judgment of the first instance shall be modified as follows:

The main claim in the lawsuit of this case shall be dismissed.

(b).

Reasons

1. Basic facts

A. On March 26, 2012, D 311 square meters, E 1068 square meters (hereinafter “E”) and F 625 square meters were combined with D 204 square meters on March 26, 2012.

B. As to the land E, the registration of ownership transfer on the land cadastre was completed in the initial G name. Defendant B completed the registration of ownership preservation under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, hereinafter “Special Measures Act”) based on the certificate of guarantee prepared by H, I, and J on April 20, 1995, including the Syang Branch District Court 11786.

C. After Defendant C purchased land from Defendant B, Defendant C completed the registration of ownership transfer for reasons of sale on June 7, 1996, the receipt of machinery, such as the Changwon District Court’s smuggling support on June 10, 1996, (12362).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 7 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) around 1966, K asserted that the Plaintiff purchased the instant land from the original heir of the deceased K, but the Plaintiff asserted that the instant land was sold in sequence from the network G to the network N, and that the instant land was sold to the network N from the network N (see, e.g., the preparatory document dated October 7, 2014). The Plaintiff purchased the instant land and sold the said land to L, who is the Plaintiff’s husband, around 1981. (2) Even though Defendant B did not purchase the instant land, the Plaintiff prepared a false guarantee under the name of H, I, and J, and completed the registration under the Act on Special Measures for the Management of Land, and all the registration of invalidation of the registration that was made based on the preservation of ownership in Defendant B’s name and the transfer of ownership in Defendant C’s name, which was made based on the preservation of ownership in the Defendant’s name.

3. Therefore, the Plaintiff’s cancellation registration, such as entry of the primary claim in subrogation of K, N, and G, against the Defendants.

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