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(영문) 의정부지방법원고양지원 2019.06.14 2018가단80618
소유권말소등기
Text

1. On May 1, 2007, the Defendant received the Daegu District Court’s Ansan-dong branch on May 1, 2007 with respect to the Plaintiff’s 2,060 square meters prior to Ansan-si.

Reasons

1. Circumstances leading to the dispute of this case;

A. The registration of ownership transfer was completed on December 14, 1964 with respect to the land of this case on the ground of “sale on February 8, 1957” as to the 2,060 square meters (hereinafter “the instant land”) in Ansan-si, Dong-si. The registration of ownership transfer was completed on the ground of “sale on December 8, 1957.” On May 1, 2007, the Defendant, on the ground of “Sale on December 30, 1965,” pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”), pursuant to Article 15064, the Daegu District Court’s support was received for the transfer of ownership pursuant to the Act on Special Measures for the Registration

(hereinafter “instant transfer registration”). C.

The transfer registration of ownership in this case was completed on the basis of a letter of guarantee written by E, F, and G (the evidence No. 5, hereinafter “the letter of guarantee in this case”). The above letter of guarantee stated that “the Defendant shall jointly and severally guarantee that the land in this case was sold from H on December 30, 1965 and actually owned by the Defendant.”

D The deceased on February 15, 2013, and people, including the plaintiff, succeeded to D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. Relevant legal principles 1) Registration completed under the Act on Special Measures is presumed to be registration in accordance with the substantive legal relationship, and the presumption power of registration of initial ownership or registration of transfer is not reversed unless it is proved that a letter of guarantee or confirmation prescribed under the said Act on Special Measures is false or forged, or that it is not legally registered due to other reasons. Here, false letter of guarantee or confirmation refers to a letter of guarantee or confirmation that the substantive contents of the change of rights are inconsistent with the truth. 2) Even if a person who completed registration under the Act on Special Measures recognizes that the cause of acquisition stated in the letter of guarantee or confirmation is different from the fact, he/she claims that he/she acquired his/her rights according to other reason of acquisition.

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