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(영문) 청주지방법원 2020.08.27 2020가단23097
소유권말소등기
Text

1. With respect to each real estate listed in the separate sheet Nos. 1 and 3, Defendant B, C, and D shall be the Cheongju District Court on August 10, 2010 to F.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer in the name of H on February 29, 2008, the registration of ownership transfer in the name of H on August 10, 2010, and the registration of ownership transfer in the name of Defendant B on December 18, 2012, when the F was under the circumstances of F.

B. On February 29, 2008, the registration of preservation of ownership in the name of Defendant H was completed upon the assessment of F with respect to the real estate listed in the attached list No. 2.

C. The real estate listed in the separate sheet No. 4 was assessed by G and was registered as a preservation of ownership in H on February 29, 2008.

Since then, on June 14, 2017, the registration of the establishment of a neighboring mortgage in the name of Defendant E was completed on May 16, 2019.

E. H’s father J was punished as having completed each registration of ownership preservation under H’s name in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 7500, May 26, 2005) upon obtaining a false certificate of guarantee on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

F. On December 8, 2012, the deceased I died, and his heir is the Defendant B, Defendant C, and D.

G. Since November 29, 1984, when purchasing each of the instant real estate from around 1960 and conducting a forest management project, the Plaintiff died on November 29, 1984. The Plaintiff died on November 6, 2006 while occupying the said real estate, and thereafter the Plaintiff occupied and managed the said real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-12 (including each number), the purport of the whole pleadings

2. Determination:

A. According to the above facts, since the presumption power of each registration of preservation of ownership in the H as to each of the instant real estate was reversed, the above registration of preservation of ownership is null and void, and registration of each real estate is null and void, since registration of transfer of ownership, registration of creation of a neighboring mortgage, and registration of seizure are null and void.

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