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(영문) 수원지방법원 2017.09.05 2016나74163
소유권이전등기말소등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation as to the instant case is as stated in the part concerning the Defendants in the first instance judgment, except for a supplementary determination as to the Plaintiff’s grounds of appeal as to the grounds of appeal as set forth in the following 2.2. Thus, this is cited as it is in accordance with the main sentence of Article 420

2. The plaintiff asserts that the registration of transfer of ownership based on the Act on the Special Measures for the Network T was made on February 5, 1973 by the date of the purchase of the guarantee, and even though the network S, the purchaser, was deemed dead on June 30, 1955, the time of the difference for not less than 20 years, and the defendants argued that the network T was a rice farmer on the real estate of this case before the early subdivision in the 1970s, but the claim that T purchased and occupied the real estate of this case from the network S cannot be established, in light of the fact that the above T was registered by the false letter of guarantee, and so long as the letter of guarantee was not proved by the defendants, the presumption of lawful power as prescribed by the Act on Special Measures is broken, and accordingly, the transfer of ownership and the subsequent registration should be cancelled as the registration invalidation.

The presumption of the preservation of ownership or the registration of transfer shall not be broken unless it is proved that the registration completed under the Act on the Special Measures is in accordance with the substantive legal relationship. The presumption of the preservation of ownership or the registration of transfer is false or forged, or that the registration is not legally registered due to other reasons. The false letter of guarantee or the written confirmation refers to a letter of guarantee or a written confirmation that the substantial description of the reason for the change of rights is inconsistent with the truth, and in light of the fact that the Act on the Special Measures permits registration that is inconsistent with the process of the change of rights against the actual transferee of the real estate, the letter of guarantee or written confirmation is not sufficient.

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