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(영문) 청주지방법원 2014.05.22 2012가단32904
소유권이전등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed on July 14, 1970 in the name of the Plaintiff (G from September 11, 2012, the name of the Plaintiff was changed from September 11, 2012) with respect to F forest land 9, 4, and 5 (hereinafter “land before subdivision”).

On January 12, 1979, the land before subdivision was divided into 33,048 square meters and became E forest land. Since then, the aggregate of 952 square meters in the said land was successively divided (H, I, and J) and the said E forest became the land in this case.

B. On May 28, 1979, with respect to each one-half portion of the instant land, the registration of transfer of ownership was completed on February 1, 1974 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094; hereinafter “Special Measures Act”) under the name of Defendant B and C on May 28, 1979. On November 4, 2004, with respect to Defendant C’s share, the registration of transfer of ownership was completed in Defendant D’s name on the ground of donation on November 2, 2004, and on December 20, 2010, the registration of transfer of ownership was completed in Defendant B’s name on the ground of donation on December 17, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (1) Defendant B and C submitted a false forged guarantee to the effect that they purchased the instant land from the Plaintiff, and completed the registration of ownership transfer of this case in accordance with the Act on Special Measures. The above transfer of ownership is a registration invalidation of cause and must be cancelled.

Of the instant land, the registration of transfer of 1/2 shares, which was registered under Defendant C’s name, is invalid as it is based on the registration of transfer of ownership in this case, which is the invalidation of the cause for the registration of transfer of ownership in sequence with Defendant D and B.

(2) Around February 1974, Defendant B purchased part of KRW 10,000 among the land before subdivision from the Plaintiff and divided the purchase part into the land of this case and thereafter completed the registration of ownership transfer in Defendant B and C’s name.

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