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(영문) 서울동부지방법원 2017.10.26 2016가단147393
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. In around 1958, registration of preservation of ownership was made in H’s name with respect to the instant real estate. At around 1958, there was only I, J, K, and L. The Plaintiffs were children of M, who are I’s children, and Defendant F is K’s children.

B. On November 30, 1993, Defendant F, based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502 of Nov. 30, 1992; hereinafter “Real Estate Special Measures Act”), completed the registration of ownership transfer on the ground of donation on May 12, 1968. The letter of guarantee made in relation to the above registration of ownership transfer is indicated as the donation of the instant real estate by Defendant F to K.

C. Meanwhile, on December 5, 2007, Defendant G completed the registration of ownership transfer on the ground of sale on November 23, 2007, with respect to the instant real estate.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5 (including paper numbers), witness N's testimony, purport of whole pleadings】

2. The plaintiffs' assertion and judgment

A. The plaintiffs asserted that, based on the Real Estate Special Measures Act, Defendant F completed the registration of ownership transfer on the instant real estate, and since the letter of guarantee, which served as the basis for the registration of ownership transfer, was made falsely, the above registration of ownership transfer is null and void, and the above registration of ownership transfer is also null and void, and the above registration of ownership transfer in Defendant G, which is based on it, is also invalidated.

B. (1) Determination is based on the presumption that the registration completed under the Act on the Special Measures for Real Estate is consistent with the substantive legal relationship, and the presumption power of registration of ownership transfer or registration of transfer is not reversed unless it is proved that a letter of guarantee or confirmation prescribed under the aforesaid Special Measures is false or forged, or that the registration was not duly registered due to other reasons. Here, false letter of guarantee or confirmation is the same.

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