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(영문) 창원지방법원 2016.08.30 2015가단73114
소유권말소등기
Text

1. The Defendant is the Changwon District Court with respect to the Plaintiff’s share in 917/98777, out of 987m2 in Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 6, 7, and 9, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

The forest land of this case (hereinafter referred to as the "forest land of this case") shall be 931. (Fire 6 years) in 1931.

2.6. 6. Registration of initial ownership was completed in the name of D, and registration of ownership transfer was completed in the future on the same day, and 1936. (Fire 11.)

3.2. In other words, the transfer registration for ownership was completed as a result of the sale in the F, and on June 26, 1964, the transfer registration for ownership was completed as a result of the sale in the G on October 5, 1941 on the same day.

B. Since May 2, 2008, on May 2, 2008, the registration of ownership transfer based on sale (hereinafter “registration of this case”) was completed pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) with respect to the shares in 9917/9877 among the forest land of this case.

2. Determination on the cause of the claim

A. The plaintiff asserts that the registration of this case in the name of the defendant under the Act on Special Measures for the Development of Environments is null and void due to a false letter of guarantee and a written confirmation.

B. A registration completed under the Act on Special Measures for Determination is presumed to be a registration in accordance with the substantive legal relationship, and unless it is proved that a letter of guarantee or confirmation under the aforesaid Act is false or forged, or that a registration has not been duly registered due to other reasons, the presumption power of registration of ownership preservation or registration of transfer is not broken. Here, a false letter of guarantee or confirmation refers to a letter of guarantee or confirmation which does not fit the truth with the substantive contents concerning the reason for change of a right, and in light of the fact that the aforesaid special measures allow a registration that is inconsistent with the process of change of a right to the actual transferee of a real estate, the letter of guarantee or confirmation

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