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(영문) 청주지방법원 2016.07.21 2014가단163741
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. The plaintiff is a female student of the defendant.

B. The Defendant completed the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”) in its own name on February 10, 1970 according to the former Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) which was owned by the deceased C (hereinafter “the deceased”) as of April 6, 1981.

C. The Deceased died on August 1, 1996, and the respective inheritance shares of the inheritors, including the Plaintiff and the Defendant, are as indicated in the attached share calculation sheet.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including virtual numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant asserts that the defendant completed the registration of transfer of ownership by inheritance on February 10, 1970 under the Act on Special Measures, even though the deceased died on August 1, 1996.

Ultimately, the Defendant’s acquisition of each of the instant real property was done as soon as possible after August 1, 1996. As such, the presumption of the ownership transfer registration of the instant case was destroyed because the act of cause deviates from the point of time of application of the Act on Special Measures.

B. In addition, the defendant asserts that the reason for registration under the Act on Special Measures is "donation on February 10, 1970" by himself, even though the reason for registration is inheritance, and therefore, it is true that the substantial contents of the alteration of rights in the guarantee certificate under the Act on Special Measures are not consistent with the truth, and it is not true that the defendant

Therefore, since the letter of guarantee and written confirmation under the Act on Special Measures are false or forged, the presumption of the ownership transfer registration of this case has been destroyed.

C. Thus, the defendant shall substitute for the registration of cancellation of the ownership transfer registration of this case with respect to 1/5 shares, which are the plaintiff's inherited shares among the real estate of this case.

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