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(영문) 청주지방법원 2020.06.12 2020가단21275
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D and E completed the registration of ownership transfer on April 28, 1926, 1926 1 2 parts of C forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant forest”).

B. F, G, and H completed the registration of ownership transfer based on sale on October 1, 1953 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Law No. 2111) with respect to the forest of this case on August 11, 1970.

C. On July 20, 2018, the Defendant completed the registration of ownership transfer on the ground of sale on the 17th of the same month with respect to the forest of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 4 to 8, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Although D, the real owner of the instant forest, claiming by the Plaintiff, died on March 3, 1940, the ownership transfer registration for the instant forest was completed on October 1, 1953 to F and two other persons on the ground of sale and purchase on October 1, 1953. Since this is invalid, the Defendant, who acquired the instant forest, prior to the transfer, is obliged to complete the ownership transfer registration for shares 2/21 out of the instant forest, for the Plaintiff, the deceased heir.

B. Determination 1) The ownership transfer registration made under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111, effective) is presumed to be a registration in conformity with the substantive legal relationship, and its presumption shall be maintained as it is, unless there is any assertion of the circumstances that the letter of guarantee and confirmation under the said Act is false or forged. The false letter of guarantee or confirmation here means that the substantive contents that form the cause of the alteration of a right are not true (see Supreme Court Decision 91Da6672, Apr. 26, 191) 2) F, G, and H’s ownership transfer registration completed under the said Act are presumed to be a registration in accordance with the substantive legal relationship. Therefore, the above ownership transfer registration is presumed to be a registration that conforms with the substantive legal relationship.

However, F, G, .

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