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(영문) 청주지방법원 2015.07.14 2014나11834
소유권말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3.For the purpose of the trial:

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in Paragraph 2 below with regard to the matters alleged by the defendant, and therefore, it is citing it as it is in accordance with the main sentence of Article 420

2. Additional determination

A. Defendant B’s assertion 1) received each of the instant lands from D around 1972, which is the time when the Act on Special Measures is applicable, and completed each of the instant registrations under the Act on Special Measures around June 1985, it cannot be deemed that the presumption of each of the instant registrations of transfer of ownership was broken. Furthermore, even if Defendant B did not recognize that each of the instant lands was donated from D around 1972, Defendant B received each of the instant lands from D around 1975, at least before D’s death, and thus, Defendant B received each of the instant lands from D, and thus, each of the instant registrations of transfer of ownership is consistent with the substantive legal relationship.

3) In addition, since Defendant B occupied each land of this case from around 1975 to an ombudsman with the intention to own the land of this case, the acquisition by prescription or the acquisition by prescription under Article 245 of the Civil Code has been completed, each of the registrations of transfer of ownership of this case is registered in accordance with the substantive legal relationship. (B) Determination 1) The registration completed under the Act on Special Measures is presumed to be a registration in accordance with the substantive legal relationship, unless it is proved that the presumption of ownership transfer registration of this case was not broken out, and that the certificate of guarantee or confirmation under the Act on Special Measures is false or forged, or that it was not legally registered due to other reasons, the presumption of ownership transfer registration or the registration of transfer is not reversed. The false letter of guarantee or confirmation refers to a letter of guarantee or confirmation that the substantial contents of the reason for the alteration of rights are inconsistent with the truth.

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