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(영문) 광주지방법원순천지원 2019.04.18 2017가단76606
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As of June 29, 1918, from the land of the Jeonsung-gunG located in the Jeonsung-gun, Jeonsung-gun, the E and F were divided into H land on July 12, 1968, and the registration conversion was made on July 13, 2001, and the land was replaced by 1147.5 square meters (hereinafter “D land”).

On the other hand, on September 14, 1993, C forest land was divided into 1147 square meters (hereinafter “C land”).

B. The Defendant completed each registration of initial ownership on March 24, 1994 based on the Act on Special Measures for the Registration, etc. of Ownership of D Land (hereinafter “Special Measures Act”) on August 24, 2007.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 8, 10 through 15, Eul evidence Nos. 1, 3 and 4 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the Plaintiff’s assertion is based on a false guarantee that each of the claims stated in C and D land (hereinafter collectively referred to as “each of the instant lands”) has been completed.

As a result of the death of F, one of the circumstances of each land of this case, the J (Plaintiff’s conciliation division) and K (Plaintiff’s division) succeeded to one-half shares of each of the above lands in succession. Since the Plaintiff was donated the ownership of the above shares from K, the Defendant is obliged to implement the registration procedure for cancellation of each of the above-mentioned ownership preservation.

B. Since registration under the relevant legal doctrine is presumed to be a registration that conforms to the substantive legal relationship, a party seeking the reversal of such presumption has prepared a false letter of guarantee or confirmation under the above law, which forms the basis for the relevant registration.

or forged;

The burden of proof to reverse the presumption of the registration should be proved to the extent that the substantive content of the guarantee certificate or written confirmation, which forms the basis of the registration, is not true, and unless there is such proof, the presumption of registration is not reversed.

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