(영문) 대구지방법원안동지원 2017.10.18 2016가단4099

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(영문) 대구지방법원안동지원 2017.10.18 2016가단4099

소유권말소등기

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings, as stated in Gap evidence Nos. 1 and 2:

The plaintiffs are the children of the deceased net F, who died around June 1989.

B. On April 24, 1962, the registration of ownership transfer was completed on April 1, 1962 on the land of 1,012 square meters (hereinafter “instant land”) before permanent residence in E, and on April 1, 1962.

C. Since then, on October 27, 2006, the transfer registration of ownership was completed on the ground of donation on January 1, 1989 (hereinafter “the transfer registration of ownership”) pursuant to the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

2. The plaintiffs' assertion and judgment

A. Before the Plaintiffs’ assertion, the deceased F promised to transfer the instant land to G who was ex post facto, and H (G’s punishment, the Defendant’s father, following the death of the deceased F, requested the Plaintiffs to transfer the instant land to G, and issued a certificate of personal seal impression, etc. to H.

However, H completed the registration of ownership transfer of this case in the future of the defendant, who is one of three designated guarantors in accordance with the false guarantee letter. Since the ownership transfer registration of this case is invalid, the defendant is obligated to implement the registration procedure for cancellation to the plaintiffs, who are the owners of this case.

B. The registration completed under the Act on Special Measures for Determination 1 is completed in accordance with the lawful procedure stipulated in that Act, and is presumed to be in compliance with registration in accordance with the substantive legal relationship. Thus, a person who seeks to cancel the ownership transfer registration completed under the Act on Special Measures for Decision 1 has falsely prepared or forged a letter of guarantee or confirmation under that Act.

The registration of transfer has not been duly made due to other reasons.

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