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(영문) 광주지방법원 2019.04.24 2018가단507597
소유권말소등기
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant land”) was owned by F, the husband of the Plaintiffs. However, Defendant D completed the registration of transfer of ownership pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3562, hereinafter “Special Assistance Act”) on the Registration of Real Estate Ownership on the ground of sale on April 9, 1984, as the Circuit registry office of the Gwangju District Court No. 5806, Jan. 20, 1974, and Defendant E completed the registration of transfer of ownership on the ground of sale on June 18, 2014. Defendant E completed the registration of transfer of ownership in sequence on the ground of sale on June 18, 2014, as the 86113, as of June 18, 2014.

B. Meanwhile, F died on March 1, 1981, and Plaintiff A, B, and C, the deceased’s children, are heirs.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The plaintiffs asserted that since the net F did not sell the instant land to Defendant D, the registration of transfer of ownership completed under Defendant D’s name is the registration of invalidity of cause, and that the registration of transfer of ownership should be cancelled as the registration of invalidity of cause.

As to this, the Defendants asserted that Defendant D’s purchase of the instant real estate by giving KRW 20,00 in cash to the net F and purchasing the instant real estate in accordance with the net G’s proposal, which is the birth of the net F, around January 1, 1974.

3. Determination as to the cause of action

A. Since registration under the Special Act is presumed to be consistent with the substantive legal relationship, a party seeking the reversal of such presumption has prepared a false letter of guarantee or confirmation under the above Act, which forms the basis of the registration.

or forged;

The burden of proof to reverse the presumption of the registration should be proved to the extent that the substantive content of the letter of guarantee or written confirmation, which served as the basis of the registration, is not true. Unless there is such proof, the presumption of registration is reversed.

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