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(영문) 수원지방법원 2015.04.03 2014가단39080
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 8, 1974, the registration of preservation of ownership was completed in the Plaintiff’s name with respect to the land of 896m2 (hereinafter “land before subdivision”).

B. However, on June 24, 1981, the transfer registration of ownership in the name of the network was made on the grounds of sale on December 19, 1974 under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, hereinafter “Special Measures Act”).

C. Since November 24, 1994, the land prior to the subdivision was divided into C, C, 863 square meters, E, 11 square meters, and F, 22 square meters. Among them, the land prior to the subdivision was divided into C, C, C, 838 square meters on January 7, 2005 (hereinafter “instant land”) and G, G, 25 square meters.

After the death of the deceased D, the defendant completed the registration of ownership transfer on November 21, 2007 on the land of this case on April 14, 1993.

E. The defendant is a child of D, and the plaintiff is a relative with the defendant and D.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 9 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the land before subdivision was inherited from his father H from around 1971, the Plaintiff had the Plaintiff drafted the land before subdivision and received the payment of the rent. The network D purchased the land before subdivision from I, and completed the registration of ownership transfer by obtaining a false letter of guarantee or a written confirmation under the Act on Special Measures, which was in force at the time when it was in force.

In addition, the defendant asserts that I purchased the land before subdivision from the plaintiff on or before around 1970, but the plaintiff did not sell the land before subdivision to I, and in light of the fact that the registration of ownership preservation in the name of the plaintiff on the land before subdivision was completed on June 8, 1974, it is clear that the ground for acquiring the defendant's assertion is an area that is a permit.

Therefore, the registration of transfer of ownership in the name of the network D with respect to the land before division is null and void by a false written confirmation or guarantee.

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