logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.31 2015나19237
소유권말소등기
Text

1. The plaintiffs' appeal is dismissed.

2. The plaintiffs are responsible for total costs of the lawsuit after the filing of the appeal.

purport.

Reasons

1. Facts of recognition;

A. On December 29, 1970, with respect to H, 18,149 square meters of H, and 26,975 square meters of I forest (hereinafter “each forest of this case”) in Si-si, Si-si, Si-si, one-half shares of ownership transfer was filed on the ground of sale on December 28, 1970 with J and K joint names.

B. In accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”), the Defendant issued a letter of guarantee that “I will jointly and severally guarantee that I actually own the forest of this case upon donation from the owner J, and the Defendant,” registered in the ledger of (land/forest) April 5, 1980, and that “I will jointly and severally guarantee that I actually own the forest of this case” (hereinafter “the instant letter of guarantee”). On December 5, 1994, the Defendant issued a written confirmation from the competent authority on January 14, 1995. Accordingly, on each of the forest of this case, on January 14, 1995, the registration of ownership transfer was completed under the name of Suwon District Court in the name of the Defendant under the receipt of No. 3147, Jan. 14, 1995.

C. The J died on February 7, 1987, and the plaintiff A was the spouse of the J and the rest of the plaintiffs as the children of the J are as shown in the attached inheritance shares.

Defendant clan is a clan whose father’s father’s father’s (N’s father’s “N” and death on July 7, 1975) is a member of the clan, while the representative L of J, K, and Defendant clan is a member of the clan of Y’s clan in the fourth degree.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 4, 6, 8, 9 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that the forest land of this case is originally owned by J and K in 1/2 shares, and since the registration of transfer of ownership in the defendant's name completed under the Act on Special Measures for the Forest Land of this case is a registration of invalidity of the cause based on a false letter of guarantee and confirmation, the defendant is the heir of J, respectively.

arrow