logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.06.15 2016다246145
소유권이전등기절차이행청구권
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment, the lower court determined that each of the instant registrations of ownership transfer could not be reversed even if each of the instant registrations of ownership transfer is null and void, on the sole basis of the evidence submitted by the Plaintiff, that the letter of guarantee, which served as the basis for the instant registration of ownership transfer, is forged, false, or that the Defendant’s assertion on title trust is not proven to be false, or that the presumption of each of the instant registrations of ownership transfer is not reversed, and even if each of the instant registrations of ownership transfer is null and void, the presumption of each of the instant registrations of ownership transfer cannot be reversed.

2. Before the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (hereinafter “Special Measures Act”) was amended by Act No. 3562 on April 3, 1982, only the person who actually acquired or succeeded to unregistered real estate from the owner on the registry, or the person who actually acquired or succeeded to the unregistered real estate, shall obtain registration of change of the owner on the registry according to the certificate issued in accordance with the prescribed procedure; and the person who actually owned the unregistered real estate can apply for registration of preservation of ownership along with the above changed land cadastre; and since the person who actually owned the unregistered real estate cannot obtain a certificate issued under the same Act and cannot obtain registration of preservation of ownership, the presumption

(Supreme Court Decision 96Da33501 delivered on April 11, 1997). According to the records, the deceased was recorded as the owner of land cadastre as the land cadastre was destroyed by the Korean War and the cadastral record was restored in around 1955 due to the destruction of the land cadastre in the area of emulation city where each of the instant land was located, and each of the instant registrations of preservation of ownership was completed by the former Act on Special Measures (amended by Act No. 3094 delivered on December 31, 197).

arrow