(영문) 광주지방법원해남지원 2015.02.16 2014가단2799

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Text

Reasons

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자간(%)

(영문) 광주지방법원해남지원 2015.02.16 2014가단2799

소유권말소등기 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On July 5, 1978, the network E died from the Plaintiffs and Defendant D as wife F and its children, and the F died on July 30, 2012.

B. Defendant D completed the registration of ownership transfer on the ground of sale on January 1, 1980 with respect to each real estate listed in the table Nos. 1, 2, 3, 6, and 7, which was listed in the list No. 1, 2, 6, and 7, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter referred to as the “Special Measures Act”), and completed the registration of ownership transfer on the ground of sale on February 1, 1982 with respect to each real estate listed in the list No. 4, 5, listed in the list No. 4, and 5, which were listed in the list No. 4, 1993.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5

2. The plaintiffs' assertion and judgment as to them

A. The gist of the plaintiffs' assertion was that the defendant could sufficiently consult with the plaintiffs, F, and inherited property, who are other co-inheritors of the deceased E at the time of performing the registration of each of the transfer of ownership in this case under the Act on Special Measures, and that the plaintiffs or the deceased F, did not sell each of the real estate of this case to the defendant after the deceased E. In addition, in light of the sale date stated in the grounds for the registration of each of the transfer of ownership in this case as of January 1, 1980 and after the deceased E, it is obvious that the letter of guarantee under the Act on Special Measures for the Ownership of this case is false, and therefore, the remaining part of each of the transfer of ownership in this case excluding the defendant's

B. (1) The registration completed under the Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship, and the letter of guarantee or confirmation under the Act on Special Measures is false or forged, or is lawful due to other reasons.

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

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