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(영문) 광주지방법원해남지원 2017.11.07 2017가단20460
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In fact, on May 3, 1978, the registration of ownership transfer was completed in the name of D on the instant real estate, and on September 4, 2007, the Gwangju District Court Full-Do registry office of 20301 received on September 4, 2007, under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500, Apr. 1, 1985; hereinafter referred to as the “Special Measures Act”).

The fact that the registration of transfer of ownership has been completed by the party is not disputed between the parties.

2. The Plaintiff’s assertion A died earlier than April 1, 1985, which entered as the day of sale and purchase in the registration of ownership transfer of this case.

In light of these points, the registration of transfer of ownership of this case completed on the real estate of this case shall be cancelled as it is invalid without any cause.

The plaintiff seeks cancellation of the above registration as one of the co-inheritors D.

3. Determination as to the cause of action

A. Although the presumption of presumption of the above registration is not reversed unless it is proved that the registration made under the Act on Special Measures for the Relevant Legal doctrine is presumed to correspond to the substantive legal relationship and that the letter of guarantee or confirmation under the above Act was false or forged, or that the registration was not duly registered due to any other reason, the above false letter of guarantee or confirmation refers to a letter of guarantee or confirmation that the substantial contents on the cause of the alteration of a right are inconsistent with the truth.

In light of the fact that the above law permits the assignee of real estate to make registration inconsistent with the process of changing a right, the letter of guarantee or written confirmation that the original owner’s death is entered in the letter of guarantee or written confirmation cannot be said to be false merely because the letter of guarantee or written confirmation contains the entry of the name of the seller or the date of purchase, or the entry of the reason for changing a specific right is omitted in the letter of guarantee or written confirmation, and only the current status of the right is stated.

(b)if any;

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