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(영문) 서울중앙지방법원 2014.07.22 2013가단36024
소유권이전등기
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' claim of this case is premised on the premise that the registration of ownership transfer made in the defendant's future on the same day as the trade of August 13, 2002 on the basis of the transfer of ownership on August 28, 1981 and its basis, which was closed in the future of the clan of the defendant joining the defendant (hereinafter "the intervenor") on the ground of the donation of the land of this case on January 5, 1969, is null and void.

2. The registration of ownership transfer in the name of the intervenor in the name of the clan was completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 3094, invalidation; hereinafter “Special Measures Act”). The presumption of ownership transfer or the presumption of registration of transfer is not reversed unless it is proved that the registration completed in accordance with the Special Measures Act is consistent with the substantive legal relationship, and that the letter of guarantee or confirmation prescribed in the Act on Special Measures is false or forged, or that the registration was not duly registered on other grounds.

However, it cannot be deemed that there is sufficient evidence as to the reversal of the presumption of registration in the name of the intervenor in the clan, solely on the circumstance that the plaintiff died around January 5, 1969, which was before January 5, 1957, as the title holder of the registration of the shares in the instant land, as the records of Gap 2, 3, 7, and 8 submitted by the plaintiffs and the title holder of the registration of the shares in the instant land.

【Ground Nos. 4, 5, and 3-9; the fact-finding results on the wife population administration at the time of acceptance; the purport of the entire pleadings

3. On the premise different from the above judgment, the claim of this case by the prior plaintiffs is dismissed without any further need to be examined, and each of them is dismissed.

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