(영문) 인천지방법원 2017.10.20 2016가단238297

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.10.20 2016가단238297

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 15, 1940, the registration of the transfer of ownership in the name of Nonparty C was completed on May 15, 1940 with respect to the land of 10,116 square meters of forest land B in Incheon Strengthening-gun (hereinafter “instant land”).

B. D, the father of the Defendant, completed the registration of ownership transfer based on sale on March 30, 1943, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Jan. 1, 1993; hereinafter “Real Estate Special Measures Act”) on June 5, 1993.

C. The defendant completed the registration of ownership transfer on May 24, 2003 on the land of this case due to inheritance due to a consultation and division dated September 12, 1995.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the property owned by Japan, Japan, and according to the case of acquisition of Japanese property rights (No. 33 of the U.S. military statutes) and the Act on Special Measures for the Disposal of Property Belonging to the Plaintiff on January 1, 1965.

However, the registration of ownership transfer in the name of D with respect to the land of this case is null and void because it is based on a false guarantee certificate, and the registration of ownership transfer in the name of the defendant is null

Therefore, the defendant should implement the registration procedure for ownership transfer on the land of this case to the plaintiff who is the true owner.

B. (1) Registration completed under the Act on Special Measures is presumed to be registration in accordance with the substantive legal relationship, and the presumption power of registration of preservation of ownership or registration of transfer is not broken unless it is proved that the letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that the registration has not been duly registered due to other reasons. Here, false letter of guarantee or confirmation is a letter of guarantee or confirmation which does not fit to the truth as to the reason for change of rights.

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

유사 판례

-인천지방법원 2017.10.20 2016가단217894 (1)

-대구지방법원 영덕지원 2018.07.03 2017가단1573

-대구지방법원 영덕지원 2018.04.10 2017가단1559

-대전지방법원홍성지원 2014.12.03 2014가단2358

-대구지방법원상주지원 2015.10.28 2015가단1597