(영문) 전주지방법원군산지원 2016.01.19 2014가단14349

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(영문) 전주지방법원군산지원 2016.01.19 2014가단14349

소유권이전등기말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed facts

A. The party’s relevant net C (Death on March 10, 1951) was sheed in South and North Korea. However, the Plaintiff was the wife of the net F (Death on November 20, 1983) of the deceased (Death on February 10, 1968). The Defendant was the wife of the deceased E (Death on February 5, 1968)’s net G (Death on March 24, 1953).

B. On February 7, 1922, the network C related to the ownership of the instant land completed the registration of ownership preservation on each of the real estate listed in the separate sheet (hereinafter “instant land”). On December 30, 1994, the Defendant completed the registration of ownership transfer on the instant land by means of sale on September 30, 1970 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

C. The letter of guarantee drawn up in the name of the guarantor H, I, and J for registration under the Act on Special Measures (hereinafter “instant letter of guarantee”) stated as follows: “The Defendant shall be jointly and severally liable to guarantee that the present land was purchased from the deceased C on September 30, 1970 and actually owned.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 7, 8 evidence, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The grounds for the registration of the transfer of ownership in this case was trading on September 30, 1970, and the deceased Party C died before the above trading. The surety J prepared a false guarantee by signing and sealing it without knowing the above trading, and the net C donated the land to E before the birth. Thus, the transfer of ownership in this case is null and void.

Therefore, the Plaintiff, the inheritor of the instant land, sought cancellation of the ownership transfer registration against the Defendant.

B. Around 1945, the Defendant: (a) donated the instant land to the next South-North net E; and (b) the Defendant is the Defendant.

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-부동산소유권 이전등기 등에 관한 특별조치법

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