logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.12.20 2017가단3449
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. Determination

A. The presumption of registration of ownership preservation or registration of transfer shall not be reversed unless it is proved that the registration completed under the Act on Special Measures for the Law and the Act on Special Measures is in accord with the substantive legal relationship. The presumption of registration of ownership preservation or registration of transfer shall not be reversed unless it is proved that the letter of guarantee or confirmation prescribed under the Act on Special Measures for the Law and the Act on Special Measures is false or forged, or that the registration is not lawfully registered due to other reasons. Here, false letter of guarantee or confirmation refers to a letter of guarantee or confirmation which does not fit the truth (see, e.g., Supreme Court Decision 2000Da33775, Oct. 27, 200). The meaning of false letter of guarantee or confirmation in this context differs from the meaning of false letter of guarantee or confirmation under the Act on Special Measures for the Law and the special measures for the law, and even if a person who completed the registration is found to have acquired a right in accordance with the other reason of acquisition, it shall not be obvious that the content of the registration has not been asserted or asserted in accordance with the Act.

Unless there exist special circumstances, such as where it is obvious that it is a dead tool, it cannot be deemed that the presumption of a completed registration under the Act on Special Measures for the sole reason of the above, barring any special circumstances, and the presumption of the registration should be proven to the extent that the fact that the cause of acquisition newly asserted by other data is not true is broken, as long as it is suspected that it is not true.

(See Supreme Court en banc Decision 2000Da71388, 71395 Decided November 22, 2001) B.

(1) Each relevant registration receipt date and receipt number column as to each real estate listed in the separate sheet shall be stated.

arrow