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(영문) 창원지방법원진주지원 2014.05.28 2013가단11399
소유권이전말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The instant real estate was originally owned by the Plaintiffs and the Defendant.

D died on June 18, 1995.

B. On April 17, 1995, the Defendant made a registration of ownership transfer on the ground of sale as of December 1, 1984 (hereinafter “instant registration of ownership transfer”) in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. Since the transfer registration of ownership in the name of the defendant, which was made with respect to the real estate of this case by the plaintiffs, was made on the basis of a false letter of guarantee, etc., the defendant is obligated to implement the procedure for cancellation registration of transfer of ownership in the name of the defendant.

B. The presumption of ownership transfer registration is not reversed unless it is proved that the registration completed under the special provisions of the judgment is presumed to be a registration consistent with the substantive legal relationship, and that the letter of guarantee or confirmation prescribed by the special provisions is false or forged, or that the registration was not duly registered due to other reasons.

According to the above facts of recognition and witness E’s testimony, it is recognized that D and the defendant are in a father-child relationship, and there is a little fluoral real estate trade among them, and the witness E, who was a farmland member at the time of the registration of ownership transfer of this case, stated in the court that he believed the horses of farmland members F in charge of the village of this case and affixed seals on the letter of guarantee.

However, the following circumstances, which can be known from the above facts of recognition and the evidence No. 4 (including each number), the witness F's testimony and the purport of the whole pleading, are the basis for the registration of transfer of ownership of this case.

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