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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The deceased C (the Certified Copy of February 5, 1968) had children of the deceased E (the deceased on September 3, 1951), F, and the Defendant, etc. between the deceased D, and the Plaintiff is a child of the deceased E.
B. On May 13, 1940, 1940, the 3rd Jin Chang-gun G 1 annexed forest was divided into H forest and I forest, respectively, and the H forest was divided into each real estate listed in the annexed sheet on May 31, 1975 (hereinafter “each land”).
C. On December 22, 1940, the land before subdivision was registered to J (the deceased E) for transfer of ownership on the ground of donation made on December 20, 1950 by the former Act on Special Measures for Transfer of Ownership (Act No. 2111, May 21, 1969; hereinafter “Special Measures Act”), which was enforced against the Defendant on October 7, 1970.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Gap evidence 12 (including each number), the purport of whole pleadings
2. Determination
A. Although the Plaintiff’s assertion E did not have donated each of the lands of this case to the Defendant, the Defendant obtained a false guarantee from F, etc. and completed the ownership transfer registration of this case under the Act on Special Measures. Therefore, the ownership transfer registration of this case must be conducted as the invalidation of the cause, with respect to each of the lands of this case by the Plaintiff, who is the heir of the deceased E, due to the restoration of the true title,
B. A registration completed under the former Act on Special Measures is presumed to be a registration that conforms to the substantive legal relationship, and the presumption of registration of initial ownership or registration of transfer is not broken unless it is proved that the letter of guarantee or confirmation under the former Act on Special Measures is false or forged or that the registration was not duly registered due to other reasons.