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(영문) 창원지방법원거창지원 2015.06.16 2015가단286
소유권확인
Text

1. The defendant confirms that all of the lands listed in the separate sheet are owned by the plaintiff.

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

Reasons

1. Basic facts

A. With respect to the land listed in Section 1, 2, and 4 through 7 of the Attached List, around April 11, 1914; and with respect to the land listed in Section 3 of the same List, around July 5, 1919, each Party was under the circumstances described in Section B.

(hereinafter referred to as “land Nos. 1 through 7”) by the sequence of each land listed in the separate sheet. (b)

On July 5, 1980, Nonparty C prepared each letter of guarantee with the effect that “C actually purchases and owns each of the instant lands from G” (hereinafter “each of the instant guarantees”) with respect to the land set forth in subparagraphs 1 through 7 (hereinafter “each of the instant lands”) from the guarantor D, E, and F, and completed each of the instant registrations of preservation of ownership in the name of C (hereinafter “each of the instant registrations of preservation of ownership”) on the grounds of the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 7500, Oct. 12, 2006; hereinafter “Special Measures Act”).

C. On September 28, 2009 with respect to the land No. 1, the Changwon District Court Development Registry (Seoul District Court) on September 28, 2009, the registration of transfer of ownership in the name of Nonparty H (hereinafter “the registration of transfer of ownership”) was completed as of September 28, 2009.

The Plaintiff asserted that “each of the instant lands was owned by B, the Plaintiff’s father, and the Plaintiff, etc. inherited through the Plaintiff’s father I, the Plaintiff’s father, and the Plaintiff, etc., to whom C had made a registration of ownership preservation or registration of ownership transfer under the Act on Special Measures for Miscellaneous Development because C was based on a false guarantee certificate, and as for the land 1, the registration of ownership transfer is based on C or H’s registration invalid, and thus, the registration of ownership transfer and the registration of ownership transfer in each of the instant lands should be cancelled in entirety.” The Plaintiff filed a lawsuit against C or H against H, such as the registration of ownership cancellation in the instant court No. 2013Ka404.

E. Accordingly, the court of the first instance on August 13, 2013 (hereinafter “the court of the first instance”) of the said civil case is networked.

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