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(영문) 인천지방법원 2017.10.20 2016가단217894 (1)
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. On March 8, 1917, the registration for the transfer of ownership in the name of Nonparty E was completed on the land of 96 square meters, 212 square meters, and 383 square meters in the name of Nonparty E prior to Incheon Strengthening-gun (hereinafter “each of the instant land”).

B. On May 28, 1985, F, the father of the defendant, completed the registration of ownership transfer based on sale and purchase as of August 6, 1960 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Apr. 3, 1982), and on D land, the registration of ownership transfer based on sale and purchase as of November 13, 1993 is completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Jan. 1, 1993; Act No. 4502, Jan. 1, 1993; hereinafter the above two Acts referred to as the “Special Measures for Real Estate”).

C. On March 27, 2013, the Defendant completed the registration of ownership transfer based on a donation made on January 28, 2013 with respect to each of the instant land.

On the other hand, on December 7, 2010, G, one of the three persons, one of which was prepared at the time of the registration of ownership transfer of D land, was written a confirmation letter to the effect that “I would be selected as a guarantor under the Act on Special Measures for Real Estate and would be responsible for He/she, and I would be given a seal to I, who will be responsible for the He/she. F would have been living in Jin and thus, have the person responsible for He/she had affixed his/her name.”

[Ground of recognition] Facts without dispute, Gap evidence 3 through 5, 10 evidence, Eul evidence 1-1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the property devolving upon the ownership of Japan, Japan, and the ownership of the Plaintiff was attributed to the Plaintiff on January 1, 1965, pursuant to the provisions of the Act on Special Measures for the Disposal of Property Belonging to the acquisition of Japanese Property Rights (U.S. military statutes) and the Act on Special Measures for the Disposal of Property Belonging to the State.

However, the FF completed the registration of ownership transfer for each land of this case based on a false guarantee certificate, and therefore F.F. for each land of this case.

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