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(영문) 전주지방법원정읍지원 2015.12.03 2014가단5874
소유권이전등기
Text

1. The defendant shall restore the plaintiffs' genuine names with respect to each one-seven share of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. G completed the registration of ownership transfer with respect to each real estate listed in the separate sheet on August 11, 1980 (hereinafter “each of the instant real estate”).

B. Around April 17, 2006, the Defendant, a G, issued a guarantee from the guarantor H, I, and J that “the Defendant currently owns each of the instant real estate by receiving a donation from the owner G registered in the ledger on May 10, 1994 (hereinafter “instant guarantee”), and completed the ownership transfer registration (hereinafter “the ownership transfer registration of the instant real estate”) with respect to each of the instant real estate on the grounds of donation on May 10, 1994 by the former District Court Registry No. 12209, the receipt of July 12, 2006 by the former District Court Branch No. 1209, the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500, hereinafter “Special Measures Act”).

C. Meanwhile, on March 31, 1998, G succeeded to the property of Nonparty L, the wife of the Plaintiff and the Defendant, and upon the death of Korea on December 13, 2006, G succeeded to the property of Nonparty L, the Plaintiffs, and the Defendant, by inheritance of K, ultimately succeeded to the property of Nonparty L, the Plaintiffs, and the Defendant, and Nonparty L, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number if there are separate numbers), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. Since the registration of ownership transfer of the plaintiffs' assertion is completed by a false letter of guarantee and is null and void, the defendant is obligated to implement the procedure for ownership transfer registration based on the restoration of real name to the plaintiffs who are the true owners of the real estate of this case.

B. The registration completed under the Act on Special Measures shall be presumed to be a registration in accordance with the substantive legal relationship, and the registration of initial ownership shall be made unless there is proof that the letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that the registration has not been made lawfully due to other reasons.

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