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(영문) 대구지방법원 2018.02.23 2017가단14885
원인무효로 인한 소유권말소등기등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the 31st of July 29, 1978 square meters of 1260 square meters in the name of the Plaintiff, F, the Plaintiff’s Matern money, C, 650 square meters, and G 381 square meters on the 31st of the same month due to the trade on July 29, 1978, the Plaintiff completed each registration of the transfer of ownership in its name with respect to E, E, 327 square meters on the 17th of the same month due to the trade on November 16, 1978.

(B) On August 25, 2000, the address of 1,031 square meters in the Gyeongdong-gun, Chungcheongnam-do, Chungcheongnam-do, and the address of 650 square meters in the G field was divided into 381 square meters in the area of 1,031 square meters.

The Defendant issued a certificate from H, I, and J to the effect that “each land described in paragraph (a) is actually owned by the Defendant on March 15, 191 after purchasing from K.” The Defendant completed the registration of ownership transfer under each of the following subparagraphs on the grounds of sale on March 15, 191 with respect to the size of 650 square meters, G field, 381 square meters, and D previous 1260 square meters.

C. On April 28, 2011, Llering District completed the registration of transfer of ownership on the ground of a consultation on a public site with regard to the land of 381 square meters in the Gandong-gun Gandong-do, Gyeongdong-do.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 14, 15 (including virtual numbers), the purport of the whole pleadings

2. The registration in the name of the defendant as to each of the lands of this case by the plaintiff's assertion is invalid by a false guarantee certificate. The real owner of each of the lands of this case is F, and the plaintiff purchased each of the lands of this case from F, the defendant must implement the procedure for cancellation registration of ownership transfer registration as to each of the lands of this case to the plaintiff.

3. First of all, the facts and circumstances that may be known by the health account, each description of Nos. 1 to 5 (including paper numbers), and the purport of the entire pleadings as to whether the registration under the name of the defendant was based on the false guarantee document, i.e., ①., the facts and circumstances.

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