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(영문) 창원지방법원마산지원 2017.04.13 2016가단105117
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is the mother of the defendant.

B. The Plaintiff completed the registration of ownership preservation on September 17, 1990 on the instant land.

C. The defendant jointly and severally guaranteed that the defendant was currently being donated from the plaintiff on June 30, 1992 and actually owned by the plaintiff. The registration of the transfer of the ownership of this case was completed on July 4, 2006 pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500, May 26, 2005; hereinafter "Special Measures Act").

[Reasons for Recognition] Facts without dispute, Gap 1 through 10, and 12, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Defendant received false certificates of guarantee and confirmation, and completed the registration of ownership transfer in accordance with the Act on Special Measures.

Therefore, the ownership transfer registration of this case is null and void as it is without any cause.

B. The registration under the Act on the Special Measures for Determination is presumed to correspond to the substantive legal relationship. As such, the parties seeking the reversal of such presumption have prepared a false letter of guarantee or confirmation under the above Act, which served as the basis of the registration.

or forged;

The burden of proof to reverse the presumption of the registration should be proved to the extent that the substantive content of the letter of guarantee or written confirmation, which served as the basis of the registration, is not true. Unless there is such proof, the presumption of the registration shall not be reversed.

On the other hand, the reason that the guarantor under the Act on Special Measures for the Promotion of the Change of Rights established a guarantee of the change of rights claimed by the registered titleholder without knowing the change of rights.

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