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(영문) 대전지방법원 2019.12.05 2018가단208533
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are siblings.

B. On September 9, 1975, Sejong Special Self-Governing City C 2,55 square meters (the area was partially divided and reduced to 2,490 square meters; hereinafter “instant land”) and D 681 square meters (the area was reduced to 480 square meters as part of the area was divided, and the adjacent land was reduced to 480 square meters; hereinafter “the adjoining land”) were completed by having the ownership transfer registered with the Plaintiff and the Defendant shared 1/2 shares on September 9, 1975, respectively.

C. Of the instant land, the Plaintiff’s share was due to sale on April 5, 1985 and the ownership transfer registration was completed on October 11, 1994 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

(hereinafter “instant transfer registration”). Of neighboring land, the Defendant’s share in the ownership was completed on October 25, 1994 on the grounds of sale on March 1, 1985, pursuant to the Special Assistance Act, the ownership transfer registration was completed on October 25, 1994.

On February 7, 2017, the Plaintiff donated adjoining land to E, and completed the registration of ownership transfer on the whole land on February 21, 2017.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion and the Defendant owned 1/2 shares of each of the instant land and adjoining land. However, the Defendant abused the special protocol and transferred the ownership of the Plaintiff’s shares to the Defendant without any title.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration of this case, which is invalid for the plaintiff.

3. Determination

A. Since registration by the relevant legal doctrine is presumed to be a registration that conforms to the substantive legal relationship, the party seeking the reversal of such presumption is a letter of guarantee or confirmation under the above law, which serves as the basis for the registration.

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