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(영문) 대전지방법원서산지원 2014.05.28 2013가단15694
소유권말소등기 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The plaintiff is a woman of the deceased C, and the defendant is a grandchild of the deceased (the father D).

B. Although the Defendant did not receive a donation of each real estate listed in the separate sheet from the deceased C, the Defendant completed each registration of ownership transfer as stated in the purport of the claim under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”), it shall be cancelled by being void.

2. Determination

A. The presumption of ownership transfer registration is not reversed unless it is proved that the registration completed in accordance with the Act on Special Measures is presumed to be consistent with the substantive legal relationship, and that the letter of guarantee or confirmation prescribed by the Act on Special Measures is false or forged, or that it is not legally registered due to other reasons. Here, false letter of guarantee or confirmation refers to a letter of guarantee or confirmation, the substantial contents of which are inconsistent with the truth.

(1) Where a person who completed a registration under the Act on Special Measures claims that he/she has acquired a right according to another cause of acquisition even if the cause of acquisition stated in the letter of guarantee or written confirmation is different from the fact (see, e.g., Supreme Court Decision 2000Da33775, Oct. 27, 2000).

In the absence of special circumstances, such as where it is obvious that it is a dead-end, it cannot be deemed that the presumption power of registration completed under the Act on Special Measures for the sole reason thereof has been broken, and the presumption power of registration should be broken to the extent that it is suspected that the facts of the cause of acquisition newly asserted by other data are not true.

(See Supreme Court Decision 2009Da98386 Decided February 25, 2010, etc.). B.

Dominos, A. 1.

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