1. The plaintiffs' claims are dismissed.

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

Basic Facts

Attached Form

On December 20, 1971, the real estate listed in paragraph (1) of the list was registered in the name of D, E, and F, and on June 22, 1995, the registration of ownership transfer was completed in the name of the defendant.

(Cheongju District Court Decision 20440, Jun. 22, 1995) The real estate stated in [Attachment List 2] No. 2 was registered for preservation of ownership in the name of the defendant on June 22, 1995.

(Cheongju District Court Decision 20434, Jun. 22, 1995). The real estate listed in [Attachment 3 and 4] List Nos. 3 and 4 was registered for the preservation of ownership in the name of G on December 21, 1926, and thereafter H, I (2/3 shares) was transferred on January 13, 1927, and J was transferred on June 12, 1943, and the registration for the transfer of ownership in the name of the defendant was completed on June 22, 1995.

(Cheongju District Court Decision 20438, Jun. 22, 1995). The registration of this case was made in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

Plaintiff

A is the son of D's children G, and Plaintiff B is the son of F.

【The grounds for recognition of the plaintiffs' assertion as to the facts without any dispute, Gap 3, 4, and 5 certificates (including provisional numbers; hereinafter the same shall apply), the whole purport of the pleadings, and the grounds for the whole purport of the pleadings, the defendant completed the registration of this case (transfer of ownership or preservation registration) in accordance with the Act on Special Measures for Development of the Republic of Korea by using K, L, and M three guarantees on the real property of this case on June 22, 1995

However, the above letter of guarantee is not only forged, but also there is no act that actually caused it.

Therefore, the registration of this case must be cancelled.

Judgment

Registration completed under the Act on Special Measures is presumed to be a registration in accordance with the substantive legal relationship, and a letter of guarantee or confirmation under the Act on Special Measures has been false or forged.

Unless it is proved that the registration of ownership preservation or the registration of transfer has not been duly registered for any other reason, the presumption of the registration of ownership preservation or the registration of transfer shall not be broken.