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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The registration of ownership transfer was completed in the name of the Plaintiff with respect to 40 square meters prior to the registration of racing-si D (hereinafter “the land prior to the instant partition”).
B. E completed the registration of ownership transfer on the land prior to the instant subdivision on March 8, 1991 due to sale on January 5, 1991.
C. Since February 27, 2006, the registration of ownership transfer for the land before the instant partition was completed on the grounds of public sale in the F’s name on February 27, 2006, and on October 1, 2008, the registration of ownership transfer was completed on the grounds of sale in G’s name.
On May 4, 2010, the 14 square meters of the land before the instant partition was divided into Samsung-si, Sejong-si, and the land category was changed to the road on September 7, 2010.
(2) On July 13, 2010, the remaining 26 square meters of the land before the instant partition was combined with the 164 square meters of land prior to the instant partition.
(hereinafter referred to as “instant land 2”). On the other hand, on August 18, 2010, 34 square meters out of the land in racing city was divided into 36 square meters and the area of the said C land was 156 square meters.
E. On June 15, 201, the registration of ownership transfer was completed on June 15, 201 with respect to the land No. 1 and the land No. 2, including the land of this case.
F. On December 11, 2014, the Plaintiff filed a lawsuit against E seeking payment of the amount equivalent to the land price in the vicinity of the Daegu District Court Posting that E forged and completed the registration of ownership transfer with respect to the instant land before subdivision, and filed a lawsuit seeking the implementation of the procedure for cancellation of ownership transfer registration (hereinafter “instant lawsuit”).
The above court recognized that E has completed the registration of transfer of ownership by forging documents on the land before the division of this case.
Therefore, since the transfer of ownership in the name of E is null and void, E is deemed liable to cancel it, and the procedure for registration of cancellation of preliminary claimant.