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(영문) 인천지방법원부천지원 2017.08.17 2016가단121019
소유권말소등기
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 Plaintiff’s mother-friendly net G is not more than 29,752m2 of F forest in Kimpo-si, Kimpo-si and not more than 29,752m2 of this case’s land

possession of such property.

November 27, 1967.

B. Defendant B is the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3562, Apr. 3, 1982; hereinafter “Special Measures Act”) regarding the instant land.

(C) The registration of ownership transfer was completed as of October 26, 1969 on the ground of sale and purchase as of May 9, 1985 by the Incheon District Court Branch of the Incheon District Court, its Branch Kimpo-dong Office, the 11229 of May 9, 1985. After all, as to the land of this case, the registration of ownership transfer was completed as of October 6, 201 by the receipt of No. 56895 of the same registry office on October 6, 201, and the registration of ownership transfer was completed as of January 21, 2014 with respect to the 1/2 shares of Defendant D as of January 21, 2014 by the same registry office as of January 21, 2014.

2. The plaintiff's assertion and judgment

A. As to the land of this case asserted by the Plaintiff, G died before the sale on October 29, 1969, which caused the registration of ownership transfer in the future of Defendant B. Since Defendant B falsely stated the cause of acquisition and completed the registration of ownership transfer in accordance with the Act on Special Measures for Special Measures based on the forged guarantee document, the registration of ownership transfer in the name of Defendant B as to the land of this case is null and void, and the registration of ownership transfer in the name of other Defendants

Therefore, the Defendants are obligated to cancel each registration of ownership transfer to the Plaintiff, who is the heir of the network G, as described in the purport of the claim.

B. A registration completed under the Act on Special Measures for Relevant Legal doctrine shall be presumed to be a registration consistent with the substantive legal relationship, and a letter of guarantee or confirmation under the Act on Special Measures is false or forged or otherwise falsified.

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