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(영문) 광주지방법원 목포지원 2018.01.31 2017가단50530
소유권이전등기
Text

1. The Defendant made the Plaintiff the reason for the restoration of the true name with respect to the size of 440 square meters in Jeonnam-gun, Jeonnam-do.

Reasons

1. Basic facts

A. The Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea.

B. From November 1, 1971 to September 1, 1985, Nonparty C, who worked in the Gwangju Regional Tax Office and its first-line tax office, etc., had forged a sales contract for state property, proxy, certificate of sale of state-owned real estate, etc. as if D purchased the instant land from the Plaintiff on September 30, 1974, using the name of Nonparty D, who was the wife.

C. Nonparty E, a transferee of the position of the purchaser of State property, completed the registration of ownership transfer on June 9, 198, No. 24625, Sept. 30, 1974, with respect to the instant land by using forged documents, and thereafter, the registration in the name of each right holder was completed in order as follows.

(1) F: A provisional registration of the right to claim ownership transfer (a cause: a provisional registration of June 18, 198), No. 30254 of this Court on July 12, 198, and a registration of transfer of ownership (a cause: the sale on November 20, 198) No. 49713 of this Court on November 25, 198.

D. Meanwhile, as seen above, C was prosecuted for committing a crime, such as illegally unafforested state property by using the name of relatives, etc. and resale it to a third party and defrauding the purchase price, and received a final judgment of conviction.

(Supreme Court Decision 94Do2048). [Reasons for recognition: The fact that there is no dispute, entry of Gap 1-9 evidence, the purport of the whole pleadings]

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the registration of transfer of ownership in the E’s name on the instant land was made based on forged documents, as well as the mandatory provisions.

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