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(영문) 광주지방법원 해남지원 2013. 03. 05. 선고 2012가단20663 판결
당초 등기가 탈법행위에 의한 원인무효 등기인 이상 이에 기초한 소유권이전등기 또한 원인무효의 등기임.[국승]
Title

As long as the initial registration is a registration of invalidation of the cause by the evasion of the law, the registration of ownership transfer based on it shall also become void.

Summary

An act of acquiring State property under the name of another person by an employee engaged in the affairs concerning State property shall be null and void as an evasion of law, and an act of acquiring State property by a third party shall also be null and void, unless the same Act provides for the restriction on the other party entitled to assert the invalidation in order to protect the safety of transaction, etc.

Related statutes

The period of acquisition of ownership of real estate due to possession of Article 245 of the Civil Act on the Restriction of Acts by employees under Article 7 of the Gu State Property

Cases

Gwangju District Court Decision -2012-Ban-2063 (05 March 05, 2013)

Plaintiff

Korea

Defendant

Cho 00 et al.

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

2013.03.05

Text

1. As to the plaintiff, 00 00 00 Gun 00 Gun 152-2 1,968 m2

A. With respect to the shares of 3/17, defendant Park Jong-ok, defendant Cho Jong-soo, 00, 00, 00, and 00, 00, 00, 00, 00, and 00, 00, 00, 00, 00, 00, 198, 415, 198;

B. Defendant 00 shall implement each procedure for the cancellation of ownership transfer registration completed on January 22, 1998 by the receipt No. 412 of the same registry office.

2. The costs of lawsuit are assessed against the Defendants.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings: Article 208 (3) 1 of the Civil Procedure Act.

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