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1. The defendant is based on the restoration of the true name with respect to the area of 595 square meters in Gyeonggi-gun, Gyeonggi-gun.
Reasons
1. Basic facts
A. On October 25, 1979, the Plaintiff completed the registration of ownership transfer with respect to the area of 595 square meters (hereinafter “instant real estate”).
B. D completed the registration of ownership transfer on December 28, 1993 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, invalidation, and special measures) due to sale on November 1, 1983.
C. As the instant real estate was sold to the Defendant on September 7, 2004 in the case of compulsory auction for real estate E in Suwon District Court in the Suwon District Court, on September 14, 2004, the registration of ownership transfer in the name of the Defendant (hereinafter “instant registration of ownership transfer”) was completed on September 14, 2004.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 3-12, 5-5-6, and 9, and the fact-finding results of each fact-finding to the Gangnam-gu community service center in Seongbuk-gu, Seongbuk-gu, Seoul. The purport of the whole pleadings is as follows.
2. Determination
A. The presumption power of registration of preservation of ownership or registration of transfer is not reversed unless it is proved that the registration completed under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate is presumed to conform to the substantive legal relationship. The presumption power of registration of preservation of ownership or registration of transfer is not reversed unless a letter of guarantee or confirmation prescribed under the above Special Measures for the Registration, etc. of Ownership of Real Estate is proved to be false or forged, or that it is not legally registered due to other reasons. Here, false letter of guarantee or written confirmation refers to a letter of guarantee or written confirmation, the substantial contents
In light of the purport of Article 3 of the above Act, registration of transfer of ownership, which can be made under the above Act, shall be limited to those made on or before December 31, 1985, such as sale, gift, exchange, etc., which is the cause of the act. Thus, in case where the cause of the registration is recognized as being after the above date, it shall be as stated in the registration.