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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The defendant is a person engaged in the affairs concerning State property in the Gwangju regional tax office through the Maritime Affairs Office and the Pool Tax Office from November 20, 1971 to September 15, 1985.
B. Around August 3, 1974, the Defendant borrowed the name B, the Jeonpo-dong, and prepared a bid document and a bid for the land in this case, which is a State-owned land, with the name of Supo-si, B, 478 square meters (hereinafter “instant land”). Thereafter, around June 3, 1983 when working in the Gwangju Regional Tax Office, the Defendant prepared an application for registration of transfer of ownership, power of attorney, and certificate of sale in the name C, and completed the registration of transfer of ownership on the instant land by means of the above document on March 31, 1990 after retirement.
C. After that, the registration of ownership transfer was completed on June 5, 2001 with respect to the instant land on the ground of sale and purchase (as of April 14, 1992). On June 11, 2001, the registration of creation of a mortgage over KRW 65 million with respect to the instant land was completed under the name of the National Bank of Korea (hereinafter “registration of creation of a mortgage over the instant case”).
On May 2007, the plaintiff filed a lawsuit against C, D, and the National Bank of Gwangju District Court (2007Kadan9564) with the third party, etc., and decided by the above court that "the registration of transfer of ownership in the name of C related to the land of this case was obtained and made by the defendant, who is an employee engaged in the affairs concerning State property, and who is in charge of the affairs concerning State property is null and void pursuant to Article 14 of the State Property Act that provides that the act of violation is null and void pursuant to Article 14 of the State Property Act that provides that the act of violation is invalid, and the subsequent registration is also void as well as the registration of transfer of ownership in the name of D and the establishment registration of mortgage in the National Bank of Korea."