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(영문) 대전지방법원 2015.07.21 2014나108650
소유권말소등기
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. Basic facts

A. In Bocheon-si, C forest land 1,488 square meters (hereinafter “instant land”) were owned by the network D. However, the registration of ownership transfer was completed due to the sale on April 10, 1975, which was registered under the name of the Defendant as the receipt No. 20489, Oct. 13, 1993, based on the old Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Apr. 10, 1975).

B. The land adjacent to the instant land (hereinafter “L land”) was owned by J, and the ownership transfer registration was completed under the name of the Defendant under the Act on Special Measures on May 3, 1985, and thereafter on June 9, 1995.

C. As to the 1,190 square meters of M forest land (hereinafter “M land”) adjacent to the north-dong of the instant land, the ownership transfer registration was completed to the Defendant as of November 22, 1993, No. 2308, and as to the 645 square meters (hereinafter “N land”) prior to Boan-si, Boan-si, the Defendant had been completed as of November 22, 1993.

The deceased D died on April 10, 1979, and the plaintiff is one of the successors as the children of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 8, 13, and 14 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The registration completed under the Act on the Special Measures for the Registration, etc. of Ownership Transfer of Real Estate to Judgment on the Grounds for the Claims is completed in accordance with the lawful procedures prescribed by the Act, and it is presumed that the registration completed under the Act on the Special Measures for the Registration, etc. of Ownership is acceptable. Thus, a person who seeks to cancel the ownership transfer registration completed under the Act on the Special Measures for the Registration, etc.

The claim that the registration of transfer was not made lawfully due to other reasons, and the false letter of guarantee or the false letter of confirmation must be proved.

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