beta
Text
1. The defendant shall have jurisdiction over the 6/7 shares of each real estate listed in the separate sheet to the plaintiff on July 2008.
Reasons
1. Basic facts
A. The deceased C owned each of the instant real estate on July 30, 2007.
B. The deceased C’s heir has children D, E, Defendant, Plaintiff, F, G, and H.
C. After the death of C, the Defendant completed each registration of ownership transfer in the name of the Defendant under the name of Daegu District Court No. 17625, Jun. 20, 2008, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, Jan. 30, 1995) based on donations on January 30, 1995.
(hereinafter “instant registration of transfer of ownership”). / [Grounds for recognition] without dispute, entry in each of subparagraphs 1 and 2, and the purport of the whole pleadings.
2. Determination as to the cause of claim
A. Registration completed under the former Act on the Special Measures for the Registration, etc. of Ownership of Real Estate is presumed to be a registration in accordance with the substantive legal relationship, and the presumption power of registration of ownership or registration of transfer is not reversed unless it is proved that a letter of guarantee or confirmation prescribed under the Special Measures for the Registration, etc. of Ownership of Real Estate is false or forged, or that it is not legally registered due to other reasons. Here, false letter of guarantee or confirmation refers to a letter of guarantee or confirmation that the substantive contents of the change of rights are inconsistent with the truth, and even if a person who completed registration under the Act on the Special Measures for the Registration, etc. of Ownership of Real Estate recognizes that the cause of acquisition stated in the letter of guarantee or confirmation is different from the fact, if he claims that he/she acquired his/her right according to the different cause of acquisition, it is obvious that registration under the Act on the Special Measures for the Registration, etc. of Real Estate cannot be completed
The presumption of completed registration under the Act on Special Measures can not be deemed to have been broken solely for the above reasons unless there are special circumstances, such as where it is obvious that it is an empty district.