(영문) 창원지방법원진주지원 2015.09.23 2014가단2545

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(영문) 창원지방법원진주지원 2015.09.23 2014가단2545

소유권말소등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In Sacheon-si, E 166 square meters, F 479 square meters, G 1193 square meters (hereinafter “instant real estate”) were owned by H, which was originally owned by the Plaintiffs and the Defendant, and H on June 18, 1995.

B. On April 17, 1995, the Defendant completed the registration of ownership transfer on the ground of sale on December 1, 1984 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”).

C. The defendant completed the registration of ownership transfer on August 17, 2004 to I for sale of G real estate.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The registration of transfer of ownership of this case’s assertion is invalid as it was based on a false letter of guarantee, etc.

The defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration of this case with respect to the real estate E and F.

In addition, since the defendant completed the registration of transfer of ownership with respect to G real estate, it is impossible for the defendant to perform the obligation to cancel the registration of transfer of ownership, the defendant is obligated to compensate the plaintiffs for damages equivalent to the plaintiffs' inheritance shares in relation to the above real estate.

B. The Defendant’s assertion that the Defendant, as the South-North Korea, supported the Ha with a view to farming as well as received the real estate of this case from H, and thus, the letter of guarantee, etc. constituting the basis for the registration of transfer of ownership of this case is not false or forged.

3. The registration completed in accordance with the Special Assistance Act shall be presumed to be a registration consistent with the substantive legal relationship, and the letter of guarantee or confirmation provided for in the Special Assistance Act shall be deemed to be false or forged, or duly registered on other grounds.

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