logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.04.10 2014나13431
소유권이전등기절차이행
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff owned the Plaintiff’s protocol 2,969m2 (hereinafter “instant land”). On October 22, 1984, the Plaintiff completed the registration of ownership transfer on the ground of sale on July 30, 1974 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3562, invalidation) with respect to the instant land.

B. On April 1, 1994, the father E of the defendant completed the registration of transfer of ownership based on sale on February 10, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502, invalidation) (hereinafter “the registration of transfer of ownership”).

C. The Defendant F, on April 15, 2008, completed the registration of ownership transfer based on the gift on February 1, 1995 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, effective).

The defendant completed the registration of ownership transfer on November 24, 2008 with respect to the land of this case on November 19, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Although the Plaintiff alleged that he had not sold the instant land to E around February 10, 1985, E obtained a false guarantee from three farmland members and completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 4502, invalidation).

Therefore, the transfer registration in the name of E is null and void of the cause, and each transfer registration in the name of F and Defendant is null and void. Thus, the Defendant, who is the final titleholder, is obliged to implement the transfer registration procedure for ownership based on the restoration of the authentic name to the Plaintiff, the owner of the instant land.

3. Determination

(a) Registration completed under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate shall conform to the substantive legal relationship.

arrow