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(영문) 광주지방법원 2016.11.02 2015가단526740
소유권말소등기
Text

1. As to the Plaintiff, as to the land size of D forest 8565 square meters and 499 square meters prior to Naju-si:

A. Defendant B shall be the Gwangju District Court.

Reasons

1. Facts of premise;

A. On February 10, 1919, the reason was determined by F, G, H, I, and J as co-owner on the following occasions: (a) 8565 square meters of D forest and field; and (b) 499 square meters of land before E (hereinafter “each of the instant lands”).

B. As to each of the instant lands, Defendant C received a letter of guarantee from K, L, and M stating that “each of the instant lands shall be jointly and severally guaranteed that it is currently owned at present after being donated from N from April 8, 1962,” and completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500, invalidation) from the Jeju District Court’s registry office as the receipt No. 4575 on February 13, 2008, and completed the registration of ownership transfer under the Defendant B’s name on the ground of sale on March 6, 2008, with the receipt No. 9450, Mar. 6, 2008.

C. Of the instant lands, F’s share of co-ownership was solely inherited by F due to F’s death; F’s death was solely inherited by P, his/her son, who died of F; P died on May 20, 1957; and the Plaintiff, his/her son, who died of May 20, 1957, was solely inherited by P.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, 11 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

(a) Where registration of ownership preservation has been made pursuant to the Act on Special Measures for the Registration, etc. of Ownership Transfer of the former Real Estate, there is a separate person.

Even if a registration is made in the name of another person prior to the registration titleholder’s land cadastre, such registration shall be presumed to be completed in accordance with the legitimate procedures prescribed in the Act on Special Measures and in accordance with the substantive legal relationship. Therefore, a person who intends to seek cancellation of registration of ownership preservation made under the Act on Special Measures shall be deemed to have been registered in the name of another person prior to the registration titleholder’s land cadastre, regardless of whether the nominal owner of registration of ownership

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