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(영문) 창원지방법원밀양지원 2016.03.30 2015가단11801
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. On February 19, 1941, J completed the registration of initial ownership of K 2,298 square meters (hereinafter “previous K land”) with respect to the previous K land on February 19, 194. On December 31, 1964, J completed the registration of initial ownership transfer to L on 348/695 shares of the previous K land.

B. M completed on August 23, 1994 the registration of ownership transfer based on sale on March 5, 1975 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”).

C. M on November 22, 1997, completed the registration of ownership transfer with respect to N on the portion of 1532/2298 out of the previous K land.

As M dies, on July 11, 2005, the Plaintiff, its inheritor, completed the registration of ownership transfer based on inheritance by consultation and division on March 18, 2000 with respect to the portion of 766/2298 out of the previous K land.

E. On March 11, 2009, the previous K land was divided into K 1,532 square meters and the land of this case, and the Plaintiff completed the registration of ownership transfer based on the partition on March 16, 2009 as to the whole share of the land of this case on March 19, 2009.

F. Meanwhile, on the other hand, the J died on December 9, 1951 and was in force on December 9, 1951 and as of December 8, 1981, O was a sole heir, and O died on July 8, 1981, and there was the Plaintiffs and dual-ship as their heir.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3 evidence, Gap's 2-1, and 2-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. In light of the fact that the Plaintiff’s assertion of the transfer registration of ownership in this case was completed on March 5, 1975, which was after the death of J, the former owner, and that P and Q, a guarantor under the Act on Special Measures, without knowing the ownership ownership of the previous K land, were prepared to set up a guarantee certificate without knowing the ownership ownership of the previous K, the transfer registration in this case is by a false or forged guarantee certificate or a written confirmation, and its presumption of presumption is reversed and void.

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