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(영문) 창원지방법원마산지원 2015.11.20 2015가단4125
소유권이전등기말소
Text

1. The defendant shall receive on May 22, 1995, from the plaintiff, the Changwon District Court Branch of the Changwon District Court with respect to the land size of 202 square meters in Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. The land listed in Paragraph (1) of the Disposition of Basic Facts (hereinafter “instant land”) was the land owned by the Plaintiff on June 15, 1976, which became the ownership transfer registration in the Plaintiff’s future. On May 22, 1995, the ownership transfer registration under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 192; hereinafter “Special Measures Act”) was completed on the grounds of sale as of October 27, 1980 in the Defendant’s future. The fact that the Defendant’s wife and the Defendant were the Plaintiff’s wife as the same book does not conflict between the parties.

2. Determination on the cause of the claim

A. The plaintiff asserted that the registration in the name of the defendant is null and void because the defendant did not sell the land in this case to the defendant, notwithstanding the fact that he did not sell it, the registration in the name of the defendant was made based on the false guarantee under the Act on Special Measures, and the defendant purchased the land in this case from the plaintiff around 1980.

B. The presumption of the above registration shall not be reversed unless it is proved that the registration completed under the Act on Special Measures for Determination is in accord with the substantive legal relationship. The presumption of the above registration shall not be reversed unless it is proved that the letter of guarantee or confirmation, which served as the basis of the relevant registration, was false or forged, or that it was not legitimate

The above false letter of guarantee or written confirmation refers to a letter of guarantee or written confirmation that does not fit the truth. However, if the date of transfer stated in the letter of guarantee or written confirmation differs from the actual process of alteration of rights, the said letter of guarantee or written confirmation cannot be said to be false merely because it is different from the actual process of alteration of rights, the presumption power of registration shall be reversed.

The above facts, Gap evidence Nos. 6, 7, 12, 13, 14, and Eul.

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