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(영문) 광주지방법원 순천지원 2018.01.10 2017가단74327
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 14, 1981, Defendant B, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”), the ownership transfer registration was completed on the ground of sale as of January 5, 1973 (hereinafter “each ownership transfer registration of this case”).

B. On August 19, 2013, the Defendant’s Gu agricultural cooperative completed the registration of the establishment of a neighboring establishment on the 1,315 square meters of the entire Nam-gun D, Jeonnam-gun, Gwangju District Court’s netcheon-gun Branch Office received on August 19, 2013.

C. The deceased on Nov. 17, 1947, and the deceased on Nov. 17, 1947, the deceased on Oct. 29, 1983, the deceased on Oct. 29, 1983, and the Plaintiff is one of the heirs as the deceased’s children.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that each of the instant lands owned by the Plaintiff’s father E, and the deceased F, the Plaintiff’s father, succeeded to the inheritance of the Plaintiff and the inheritors, including the Plaintiff. The Defendant B, who did not purchase each of the instant lands, completed each of the instant registration of ownership transfer without any legal grounds, by asserting that he purchased each of the instant lands, and thus, the registration of ownership transfer under the name of the Defendant B and the registration of ownership transfer under the name of the Defendant former Agricultural Cooperative should be cancelled.

B. The registration under the Act on Special Measures for Determination 1 is completed in accordance with the legitimate procedures prescribed in the same Act, and is presumed to be consistent with the substantive relationship. Therefore, if a party seeks to reverse the presumption, a letter of guarantee, which forms the basis of the registration, was forged or falsely prepared.

In order to reverse the presumption of the fact that it was not legally registered for other reasons, the letter of guarantee is responsible for the assertion and proof of the fact that it was not legally registered.

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