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(영문) 창원지방법원 2016.06.23 2015가단84350
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The deceased K, the conciliation division of the plaintiffs' assertion, was 317 square meters prior to the Kimhae-si in 1911, and it was divided in sequence into J (3 square meters), N (74 square meters), J (5 square meters converted into 512 square meters, hereinafter "the instant land") and J (85 square meters) while he/she owned the said land by his/her father-M by inheritance of the said land.

On August 22, 1981, the defendant has completed the procedure for ownership transfer registration for the reason of sale on April 1, 1971 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3094) and used it as the site of PMyeon office.

However, M died on March 13, 1969, before the date of the above sale, and the plaintiffs did not have concluded a sales contract with the defendant for the land of this case. Thus, since the grounds for registration are obvious to be false, the defendant's presumption of registration concerning the transfer of ownership was reversed, and since the registration of transfer of ownership in the name of the defendant is the registration invalidation, it

2. Where a person who completed a registration pursuant to the Act on Special Measures for Determination claims that he/she has acquired a right based on other grounds for acquisition even though the grounds for acquisition stated in a letter of guarantee or written confirmation are different from the fact, it is obvious that the registration pursuant to the Act on Special Measures for Acquisition of Special Measures for Acquisition cannot be completed, such as setting the date when the grounds for acquisition cannot be applied to the Act on Special Measures for Acquisition, cannot be completed

Unless there are special circumstances, such as the case where it is a dead tool or it is apparent that it is itself, the presumption power of registration completed pursuant to the Act on Special Measures cannot be deemed to be broken solely for the above reasons, and the presumption power of registration must be broken to the extent that it is doubtful to suspect that the facts of the cause of acquisition newly asserted by other data are not true.

(see, e.g., Supreme Court en banc Decision 2000Da71388, 71395, Nov. 22, 2001). Meanwhile, registration under the Act on Special Measures is directly taken over from the nominal owner.

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