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(영문) 대전지방법원홍성지원 2014.01.29 2013가단9475
소유권이전등기말소등기
Text

1. The defendant shall be the plaintiff.

A. On November 3, 1993, the Daejeon District Court Boan Office of Registry with respect to the area of 1,230 square meters prior to Bocheon-si.

Reasons

1. Basic facts

A. The area of 1,230 square meters and 623 square meters of D forest land (hereinafter “instant land”) prior to Bocheon-si was owned by Dong E. However, land C based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 3, 1993; Act No. 21925, Nov. 3, 1993; and land D was completed as of December 21, 1994 by the same registry office, and as of December 21, 1994, each registration of ownership transfer under the Defendant’s name was completed.

B. The deceased E died on June 17, 1987, and the plaintiff is one of the successors as the children of the deceased E.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, evidence 5 through 8 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the instant land owned by the network E was registered for ownership transfer in the Defendant’s future, based on the Act on Special Measures, and that the said registration was false or forged, and the Plaintiff does not explicitly assert that the letter of guarantee was forged. However, the Plaintiff’s assertion that the letter of guarantee was forged as long as the seal of the guarantor as stated in the letter of guarantee is indicated in the written complaint that the seal of the guarantor was not directly carried out by the guarantor;

It argues that this transfer registration should be cancelled.

In this regard, the defendant asserts that the acquisition by prescription has been completed not only because the defendant actually purchased the land of this case as stated in the letter of guarantee but also because he occupied the land of this case in a peaceful performance for 20 years with the intention to own the land of this case.

B. (1) Determination is to reverse the presumption of ownership transfer registration under the Act on Special Measures for the Transfer of Real Estate Ownership, etc., which has been completed in accordance with the legitimate procedures prescribed in that Act.

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