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(영문) 대구지방법원의성지원 2011.03.16 2010가단424
소유권말소등기 등
Text

1. The plaintiff's action against the defendant military forces and the plaintiff's main action against the defendant B shall be dismissed in entirety.

2...

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate 1 and 2”) was owned by the original network C. However, Defendant B completed the registration of ownership transfer as the receipt of No. 9320 on May 8, 1982 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate on the ground of donation from the network C on May 8, 1982 from the network C on July 31, 1967 (No. 3094, Dec. 31, 197).

B. After that, on August 23, 2002, Defendant B completed the registration of ownership transfer by the Daegu District Court No. 6548 of the receipt on August 23, 2002, on the ground of an agreement on the land acquisition on July 24, 2002 with respect to the land of this case to Defendant Military Branch.

[Judgment of the court below] The ground for recognition is without dispute, Gap's evidence 5 (including the provisional number), and the purport of the whole pleadings.

2. Judgment as to the main action of this case

A. The Plaintiff’s assertion 1) Each of the instant real estate is the registration of invalidity of the cause, since it is a registration of ownership transfer with a false or forged guarantee without any authority, although Defendant B did not have received a donation from Defendant B with respect to each of the instant real estate on July 1, 1925, even though the network D, which is the father of the Plaintiff, purchased from the network C around July 1925, and succeeded to it on October 1, 1951.

3) In addition, the registration of transfer of ownership on the instant 2 real estate by Defendant Military Forces is null and void as well as the registration based on the registration of invalidation of cause as above. Although Defendant Military Forces agreed to collect aggregate on the instant 2 real estate or to recognize it as owned by the Plaintiff without gathering it by river, Defendant Military Forces completed the registration of transfer of ownership without compensating the Plaintiff against this agreement, the registration is also the registration of invalidity of cause. 4) Accordingly, Defendant B is the registration of transfer of ownership on each of the instant 2 real estate subrogated by the Plaintiff to the Plaintiff.

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