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(영문) 대전지방법원 2020.08.13 2020가단104771
소유권이전등기
Text

1. The Defendant rendered the instant judgment with respect to the Plaintiff’s share of 35,189/198,044, out of 4,000 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1.The facts under the recognition do not conflict between the Parties:

On July 25, 1978, the commission registration was completed on July 25, 1978 with respect to the land of 2,455 square meters (hereinafter “1 land before the instant land substitution”) in Chungcheongnam-gun, Chungcheongnam-gun. E, F, G, and H were registered as co-owners of the said land.

B. On March 21, 1975, I, J, K, L, M, N, andO completed the registration of preservation of ownership as to P paddy field 2,046 square meters (hereinafter “second land before the instant land substitution”).

C. On September 5, 1994, the Defendant completed the registration of ownership transfer on land 1 and 2 before the instant land substitution in accordance with the former Act on Special Measures for the Transfer of Real Estate Ownership (No. 4502, Nov. 30, 1992).

In the process of the above transfer registration, the defendant submitted a false guarantee without the above donation made on December 1, 1983, and completed the said transfer registration.

In this guarantee, not only three guarantors have been prepared, but also three guarantors have been entered in the name, address, name, etc.

E. Prior to the instant replotting, the land Nos. 1 and 2 was registered as the “instant land” according to the disposition of replotting.

F. The net J died on February 22, 1947 and succeeded to the deceased Q as the deceased himself, and on August 3, 1969, the net Q died after being married in the same family register with his heir on August 3, 1969.

G. On July 14, 2003, the network E died with his spouse, children U, V, W, and Plaintiff left behind as inheritor.

H. On April 24, 2020, S transferred the entire inheritance portion inherited from net Q to the Plaintiff.

I. T, U,V, and W transferred to the Plaintiff the inheritance inherited from the network E on April 24, 2020, respectively.

2. According to the above facts of determination as to the cause of the claim, the transfer of ownership, which was made in the name of the defendant with respect to the land in this case, is registered as invalid based on the false guarantee document.

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