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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) C (name D before the opening of the name) was married to E and died on March 15, 1983 between C and F, Defendant, Plaintiff, and G as their children. 2) C was killed on or around March 15, 1983.
B. As to each real estate listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “instant real estate”), registration of ownership preservation or ownership transfer has been completed in the name of C. As to each real estate listed in the separate sheet Nos. 1, 2, and 2, on June 7, 1994, the registration of ownership transfer based on sale on July 14, 1973 under the name of the defendant was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”). As to each real estate listed in the separate sheet No. 3, the registration of ownership transfer based on sale was completed in the name of the defendant on June 7, 1994 under the name of the defendant on February 19, 1981.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 10 (including branch numbers, hereinafter the same shall apply), Eul evidence 4, the purport of the whole pleadings
2. The plaintiff's assertion that the defendant completed the registration of transfer of ownership under the Act on Special Measures because he was issued with a false certification without purchasing the real estate of this case from C, so the registration of transfer of ownership under the defendant'
3. Determination
A. Registration completed under the Act on Special Measures is presumed to be a registration in accordance with the substantive legal relationship. Unless it is proven that a letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that a registration has not been duly registered due to any other reason, the presumption of registration of initial ownership or registration of transfer shall not be broken (see Supreme Court Decision 2000Da33775, Oct. 27, 200). In addition, even if a person who completed registration under the Act on Special Measures recognizes that the cause of acquisition stated in a letter of guarantee or confirmation is different from the fact, he/she acquired his/her right according to another cause of acquisition.