(영문) 창원지방법원 진주지원 2017.02.03 2016가단34478

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(영문) 창원지방법원 진주지원 2017.02.03 2016가단34478

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of preservation of ownership pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Forest (Act No. 2111 of May 21, 1969) by the Changwon District Court’s Office No. 7610 of December 12, 1970 with respect to D forest land 5,653 square meters (hereinafter “forest before division”).

B. On March 15, 1994, the forest of this case was divided from the forest before the division, and the network E (the deceased on January 19, 2015, hereinafter “the deceased”) completed the registration of transfer of ownership on the grounds of sale on February 1, 1980 pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) by the Changwon District Court’s Office of Registry on March 23, 1995 as to the forest of this case as to the forest of this case.

C. On July 14, 2015, the Defendant completed the registration of transfer of ownership based on inheritance by consultation and division as to the forest land of this case by the Changwon District Court’s Busan District Court’s office of registry on July 14, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s woodland before subdivision, including the instant woodland, is owned by the Plaintiff.

Although the Plaintiff did not sell the forest land of this case to the Deceased on February 1, 1980, the registration of transfer of ownership on the forest land of this case in the name of the Deceased is null and void as the cause was completed based on a false letter of guarantee and confirmation, and the registration of transfer of ownership in the name of the Defendant based on this shall also be revoked as the cause becomes null and void.

Therefore, the Defendant, who is currently the title holder of the instant forest, is obligated to implement the registration procedure for transfer of ownership based on the restoration of true title with respect to the instant forest.

B. A registration completed under the Act on Special Measures for Determination 1 is presumed to be a registration consistent with the substantive legal relationship, and a letter of guarantee or confirmation under the Act on Special Measures is false.

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

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