(영문) 광주지방법원 2015.01.23 2014나4763 | 리걸엔진

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(영문) 광주지방법원 2015.01.23 2014나4763

소유권이전등기 말소등기

Text

1. The part against Defendant C in the judgment of the first instance shall be revoked.

2. Defendant C is indicated in attached Table 2 to the Plaintiff.

Reasons

1. Each real estate listed in the separate list of basic facts (hereinafter “each real estate of this case”) was determined to be the current parcel number and size through the replotting procedure through land substitution process on February 20, 1995.

The registration of ownership transfer was completed in the name of E with respect to each real estate of this case, but the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate enacted by Act No. 7500 on Jan. 1, 2006 (hereinafter “Special Measures Act”) was enforced. ① Defendant B obtained a letter of guarantee and a confirmation that “the purchase of the real estate of this case from E on May 10, 1970” and completed the registration of ownership transfer as of September 6, 2006 by the Gwangju District District Court’s Full Registry No. 14021, Sept. 6, 2006; ② Defendant C completed the registration of ownership transfer as of October 10, 209 with a letter of guarantee and a confirmation issued by the same registry office.

On February 1, 2012, in the case of violation of the Act on Special Measures for the Transfer of Real Estate Ownership (No. 2011Gohap18), the Defendants were sentenced to a suspended sentence of fine of KRW 2.5 million, and Defendant C was sentenced to a fine of KRW 2.5 million, respectively.

On the other hand, E (hereinafter “the deceased”) died on February 22, 1965, and on November 28, 1971, K, one of the co-inheritors of the deceased, died, and the Plaintiff is K’s child.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that they purchased each of the instant real estate after the deceased’s death, although they did not purchase each of the instant real estate from the deceased.

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

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