beta
Text
1. The judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant)'s main claim is against the defendant (Counterclaim plaintiff).
Reasons
1. Basic facts
A. The registration of ownership transfer based on the completion of repayment on December 30, 1960 with respect to the real estate No. 1 listed in the separate sheet (hereinafter “No. 1”) in the name of the F (the son, the son, the son of the I), was completed on May 8, 1973 as the receipt of No. 3216 on May 8, 1973 as the receipt of No. 3216 on January 10, 1964 as to the title No. 1 listed in the separate sheet (hereinafter “No. 1”).
Since then, according to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter "Special Measures Act"), the registration of ownership transfer in the name of Defendant D's clan (hereinafter "Defendant D') was completed for sale on February 24, 1995, No. 4112 and No. 4111, which was received on February 24, 1995.
B. Meanwhile, the registration of transfer of ownership in the name of J (which is between I’s son and son, and the F as son) was completed due to the sale on December 28, 1989 as of March 23, 1990 received as of March 23, 1990 as to the third real estate listed in the separate sheet, which was originally owned by the State (hereinafter “third real estate”), and the registration of transfer of ownership in the name of the Defendant of the same clan was completed on April 22, 1991 as of March 4, 1991 as of March 22, 1991.
C. F brought an action against the Defendant clan: ① seeking the cancellation of the registration of the transfer of ownership in the name of the Defendant clan with respect to the land Nos. 1 and 2 for the reason that the cause is null and void; ② seeking the implementation of the transfer of ownership in the land No. 3 on the ground that
(hereinafter referred to as “pre-trial lawsuit”). On January 27, 2016, the first instance court of the preceding lawsuit presumed the registration of each transfer of ownership in the name of the defendant clan, which was completed in accordance with the Act on Special Measures only with the evidence submitted in relation to the first and second land.