(영문) 대구지방법원 2018.11.15 2018나304722

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.11.15 2018나304722

원인무효로 인한 소유권말소등기등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or deletion of some contents as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part III through VII of the judgment of the first instance court are as follows.

“2. The Plaintiff’s assertion of the Plaintiff: (a) purchased each of the instant lands with the Plaintiff’s funds in around 1978 and completed the registration of transfer of ownership in F name with respect to each of the instant lands; and (b) around that time, the Plaintiff completed the registration of transfer of ownership with respect to each of the instant lands. However, the Defendant issued a false certification that “the Defendant purchased each of the instant lands from K on March 15, 191,” and completed the registration of transfer of ownership with respect to each of the instant lands on the grounds of a false certificate of guarantee (Act No. 7500, May 26, 2005). Therefore, the registration of transfer of ownership in Defendant’s name with respect to each of the instant lands should be entirely cancelled as the ground for nullification of termination by a false certificate of guarantee.”

Section 11 of the judgment of the first instance court is followed by Section 2 of the first instance court from 3th to 13th.

The first instance court's decision that "BF's grandchildren filed a complaint against H, I, and J, the author of the letter of guarantee, in violation of the Act on Special Measures for the Transfer of Real Estate Ownership, etc., and that a disposition of "no suspicion" is issued against all of them shall be deleted from the fourth to Eleven.

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-민사소송법 제420조

-부동산소유권 이전등기 등에 관한 특별조치법

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