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(영문) 대구지방법원 영덕지원 2018.04.10 2017가단1566
소유권이전등기 말소등기 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership preservation in D’s name was completed on the instant land.

B. On August 31, 1981, E completed the registration of ownership transfer under its name, which was based on sale as of February 10, 1966, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, invalidation; hereinafter “Special Measures Act”).

C. On May 3, 199, E deceased on May 3, 199 and succeeded to the rights and obligations of E, F, his wife’s wife’s wife’s wife’s G, and the Defendant’s children.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. The summary of the Plaintiff’s assertion is that the registration of transfer of ownership under the Act on Special Measures for the Development of E’s Name as to the land of this case is the registration of invalidity of cause completed

Therefore, the Defendant and the designated parties who succeeded to the rights and obligations regarding the instant land of E are obligated to implement the registration procedure for cancellation of transfer of ownership in the name of E as the heir of D, the owner of the instant land.

3. The presumption of registration of initial ownership or registration of transfer is not reversed unless it is proved that the registration completed under the Act on Special Measures for Determination is presumed to be consistent with the substantive legal relationship, and that the letter of guarantee or confirmation prescribed under the Act on Special Measures is false or forged, or that the registration was not duly registered due to other reasons, and the false letter of guarantee or confirmation here refers to a letter of guarantee or confirmation, the substantial contents of which are inconsistent with the truth.

(See Supreme Court Decision 2005Da27966 Decided September 9, 2005, etc.). The evidence submitted in the instant case alone is insufficient to acknowledge the fact that the transfer registration of ownership in the name of E, which was completed with respect to the instant land, was based on a false guarantee document, and otherwise, evidence to acknowledge this is insufficient.

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