logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원해남지원 2016.11.29 2016가단20678
소유권이전등기
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The instant real estate was owned by L, and L died on April 2, 1974, and the Plaintiffs inherited or inherited L according to the inheritance shares, such as the attached list.

B. As to the instant real estate, the registration of ownership transfer was completed pursuant to the former Act on Special Measures for the Registration of Transfer of Real Estate Ownership (Act No. 3094, hereinafter “Special Measures Act”) on April 16, 1980 on the ground of “trade on October 9, 1974”

hereinafter referred to as "transfer registration of ownership of this case"

(ii) [Ground of recognition] unsatisfy, Gap evidence 1 to 4 (each entry and the purport of the whole pleadings, including each number);

2. The Defendant asserted that L was purchasing the instant land from L on October 9, 1974 even though L died on April 2, 1974, and prepared a false document and completed the instant ownership registration in accordance with the Act on Special Measures.

Since the cause for the transfer registration of this case is invalid, the defendant is obligated to implement the procedure for the transfer registration of ownership based on the restoration of real name to the plaintiffs who are heirs of L.

3. Determination

A. Registration completed under the Act on Special Measures is presumed to be a registration in accordance with the substantive legal relationship, and unless it is proved that a letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that a registration is not legally registered due to other reasons, the presumption power of registration of initial ownership or registration of transfer is not broken. The false letter of guarantee or confirmation here refers to a letter of guarantee or confirmation which does not fit the truth with the substantial contents of the reason for change of a right. In light of the fact that the Act on Special Measures permits registration that is inconsistent with the process of change of a right to the actual transferee of a real estate, the entry of the name of the seller or date of purchase in the letter of guarantee or confirmation is different from the actual one, or changes in specific rights in the letter

arrow