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(영문) 춘천지방법원 영월지원 2018.11.14 2017가단12641
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. G and H owned 1/2 shares out of 43,041 square meters of F forest land in Gangseo-gu, Gangwon-gu (hereinafter “instant land”), and on February 22, 1980 based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, invalidation, and special measures (hereinafter “Special Measures Act”), H completed the registration of ownership transfer on the said land on May 20, 1968.

B. On October 15, 2005, I died and succeeded to the property of Defendant B, Defendant C, D, and E, the wife of I, and Defendant B completed the registration of ownership transfer on December 1, 2005, based on inheritance due to consultation and division.

C. Meanwhile, G died in around 1972, and the Plaintiff is one of the successors to G as his children.

[Ground of recognition] Unsatisfy, Gap 1, 2, 3, and 5's statements, the purport of the whole pleadings

2. Determination as to the cause of action

A. Although the summary of the Plaintiff’s assertion did not sell the instant land to I, the Defendant completed the registration of ownership transfer on the instant land in accordance with the Act on Special Measures on the Basis of False Guarantee.

Therefore, since the above transfer registration of ownership in the name I and the transfer registration of ownership in the name of Defendant B based on it are both null and void, the Defendants, the inheritors of I, are obligated to perform the procedure for cancellation registration of ownership transfer registration in the name of I, and the above transfer registration in the name of Defendant B, and one of the inheritors of G, the Plaintiff, who is the inheritor of G, sought cancellation of the above transfer registration against the Defendants by the act of preservation of jointly owned property.

B. Where registration of preservation of ownership or registration of transfer of ownership has been made under the Act on Special Measures for Determination 1, such registration is presumed to have been duly completed in accordance with the procedures prescribed in that Act and consistent with the substantive legal relationship. Therefore, to reverse such presumption, the basis for such registration shall be the same.

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