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(영문) 창원지방법원 2011.11.11 2011가단17307
소유권이전등기말소
Text

1. The defendant shall make a registration office of Changwon District Court Kim Jong-gu with respect to the land size of 198 square meters and C road 4 square meters in Kimhae-si, the plaintiff.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, 3, 3 and 4; and (c) evidence Nos. 4-1 and 2; and (d) the purport of the entire pleadings.

The registration of ownership transfer was completed in the name of D on March 8, 1932, on the ground of sale as of March 5, 1932, which was the land before subdivision, Kimhae-gun B, which was the land before subdivision. The land category was changed to a road on July 31, 1972 (the land category was changed to a road on November 7, 1974), and the land category was changed to a road on July 31, 1972 (the land category was changed to a road on November 7, 1974), following the conversion of the area and administrative district change, it became 202 square meters (hereinafter “instant land”).

B. The instant land was subdivided on September 17, 2010, and became B road B 198 square meters and C road 4 square meters (hereinafter “the instant land”).

C. On November 17, 1981, the Defendant completed the registration of ownership transfer (hereinafter “the registration of transfer of this case”) of this case on the ground of donation from July 31, 1972 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, invalidation, etc.) with respect to the land of this case, the registration of which was completed under the name D on November 17, 1981, and there is no document to the effect that the certificate and the guarantee under the Act on Special Measures do not exist at the expiration of the preservation period and there is no document that received the donation.

The defendant set up a road on the instant land while opening a farmland as a Saemaul project in 1972. On July 31, 1972, the land category of which was changed to a road. The defendant is recorded in the register as a donation of the instant land.

E. Meanwhile, D died on May 29, 1962 and jointly succeeded to the two-party plaintiff, etc.

2. Determination on the cause of the claim

A. The plaintiff asserted that the land of this case is owned by both parts D, and that the defendant completed the registration of the transfer of this case by having the defendant prepare a false confirmation document and a guarantee certificate to the effect that he received a donation on the date after D's death.

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