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(영문) 창원지방법원 2017.08.09 2016나60178
소유권이전등기 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except when '3.' among the grounds of the judgment of the court of first instance is used as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts - Judgment

A. Legal doctrine 1) Where a registration of ownership transfer has been completed on a real estate, the person who registered the real estate is presumed to have lawfully completed the cause and procedure unless there are special circumstances (see, e.g., Supreme Court Decision 94Da23524, Apr. 28, 1995). Meanwhile, the registration completed under the Act on Special Measures is presumed to be in conformity with the substantive legal relationship. Unless it is proved that the letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that it is not a lawful registration for other reasons, the presumption of registration of ownership preservation does not defeasible (see, e.g., Supreme Court Decision 97Da28735, Oct. 10, 197). 2) Unless there is a proof that the ownership transfer registration is completed on a real estate, the person who registered the real estate is presumed to have acquired the ownership by legitimate reasons for registration against the former owner, and thus, the person asserts that the registration should be asserted in the grounds for invalidation, and that it is not effective in the process of acquisition of the present real estate.

(See Supreme Court Decision 92Da46059 delivered on May 11, 1993, etc.). B.

Judgment

1) Attached 1 (each land listed in the list).

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