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창원지방법원진주지원 2016.07.12 2016가단147

1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. Each of the instant real estate was registered under the name of Nonparty B (hereinafter “the deceased”). On June 23, 1995, each of the instant real estate was completed under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) on February 3, 1985, based on the purchase and sale as of February 3, 1985.

B. The letter of guarantee submitted by the Defendant at the time of the registration fee for the transfer of each of the instant real estates stated that “the surety guarantees that the Defendant purchased each of the instant real estates from the Deceased on February 3, 1985.”

C. On May 19, 1980, the Deceased died, and his heir has both the Plaintiff and the Plaintiff C as his heir.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that each of the instant real estate was owned by the Deceased, and the Deceased died on May 19, 1980, and the Plaintiff’s her mother was inherited.

However, since the defendant obtained a false guarantee and completed each registration of transfer of ownership in this case based on the Act on Special Measures, each transfer of ownership is null and void.

Therefore, the defendant is obligated to implement the procedure for registration cancellation of each ownership transfer registration to the plaintiff.

B. The defendant asserted that the defendant purchased the real estate of this case from the deceased in around 1974, and again purchased it from the non-party D who purchased the real estate of this case. The sale date of the real estate of this case was February 3, 1985 and was directly purchased from the deceased for convenience in the process of registering in accordance with the Act on Special Measures. Thus, each transfer registration of ownership of this case is effective registration that corresponds to the substantive legal relationship.

3. Determination

A. The registration completed under the Act on Special Measures for the relevant legal doctrine is a substantive legal relationship.