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(영문) 창원지방법원통영지원 2016.08.23 2016가단20755
소유권말소등기
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

Each real estate of this case was originally put by the Plaintiff and the Defendants, and was owned by K.

K died on November 28, 1972.

On August 11, 1980, the Defendant completed the registration of ownership transfer with respect to each of the instant real estate on the ground of the gift dated March 5, 1970 pursuant to the former Act on Special Measures for the Transfer, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”).

[Ground of recognition] without any dispute, Gap 1 through 6 evidence, and the purport of the entire pleadings, at the time of the plaintiffs' assertion as to the purport of the whole pleadings, the defendant's age is left 16 years old, and two years old, and there is no reason to give a donation specially.

When the gift was made, the plaintiff A and the plaintiff B (the defendant's Ba) who was 22 years of age at the time did not know that the plaintiff A and the 17 years of age were different.

Therefore, the transfer of ownership in the name of the defendant is null and void.

On February 1970, the Deceased expressed the Defendant’s intent to donate each of the instant real estate to the Defendant, who is the 38 senior grandchildren, in the form of gathering wife L, a large number of male students M, and the defendant who is the head of South Korea.

The registration of transfer of ownership according to the Act on Special Measures is also granted the guarantee of ownership as it is, which is, the fact that the defendant delegated L/T to large C/L to the farmland members.

Judgment

The presumption of registration of initial ownership or registration of transfer is not reversed unless it is proved that the registration completed in accordance with the Act on Special Measures is presumed to be consistent with the substantive legal relationship, and that the letter of guarantee or confirmation prescribed by the Act on Special Measures is false or forged, or that the registration was not duly registered due to other reasons. Here, false letter of guarantee or confirmation refers to a letter of guarantee or confirmation, the substantial description of the reason for the alteration of rights is inconsistent with the truth.

(see, e.g., Supreme Court Decision 2000Da33775, Oct. 27, 2000). The name of the defendant under the Act on Special Measures in accordance with the foregoing legal doctrine.

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