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(영문) 전주지방법원정읍지원 2017.09.21 2016가단11538
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed in the original name D with respect to the 305 square meters (hereinafter “instant land”) in the Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun (hereinafter “Seoul”) but the registration of ownership transfer was completed on March 20, 1970 under the Defendant’s name on June 21, 1994 (hereinafter “instant registration”).

Registration of ownership transfer in the above defendant's name is made under Act No. 4505, i.e., the Act on Special Measures for the Registration, etc. of Ownership Transfer (hereinafter "Special Measures Act").

(b) from D to the Defendant a letter of guarantee under the Act on Special Measures for the Transfer of Ownership was prepared in the name of E, F, and G.

C. The Plaintiff is the wife of D’s bilateral adoption, and D died on February 16, 1975, and H on January 12, 2002, respectively.

[Grounds for recognition] Each entry of Gap evidence Nos. 1- 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion that the registration of ownership transfer was completed in the name of the Defendant based on the false guarantee as to the land of this case, so the above registration should be cancelled in its invalidation.

3. The legal doctrine (Supreme Court Decision 2005Da2189 Decided April 29, 2005) is presumed to be a registration that conforms to the substantive legal relationship. As such, the party seeking the reversal of such presumption was prepared by falsity a letter of guarantee or confirmation under the above law, which forms the basis for the registration, as well as a false statement of confirmation.

or forged;

The burden of proof to reverse the presumption of the registration should be proved to the extent that the substantive content of the letter of guarantee or written confirmation, which served as the basis of the registration, is not true. Unless there is such proof, the presumption of the registration shall not be reversed.

A guarantor under the Act on Special Measures has set up a guarantee to guarantee the change of rights, which is claimed by a registered titleholder without knowing the change of rights.

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