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1. Of the instant lawsuit, part of the claim for cancellation of the ownership transfer registration concerning the real estate stated in the separate sheet No. 1.
Reasons
1. Basic facts
A. As to the land of this case 1 on April 30, 1948, the registration of ownership transfer was completed on April 9, 1948, and on May 18, 1995, the registration of ownership transfer was completed on May 30, 1965 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).
On May 14, 1965, the registration of ownership transfer for the land of this case was completed on December 20, 1961 at H on December 14, 1965, and the registration of ownership transfer was completed on May 20, 1968 under the Act on Special Measures for May 18, 1995.
B. The Plaintiffs are the deceased H’s successors, and the Defendant is an unincorporated association composed of not less than 25 but less than 65 men who reside in Gwangju Mine-gu I.
C. The extent of half of the land of this case is the site of J reservoir, and the remainder is used as roads, and the land of this case is used as the site of J reservoir.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers, hereinafter the same shall apply), Gap evidence No. 11, the purport of the whole pleadings
2. Judgment on the plaintiffs' assertion
A. Although the plaintiffs' assertion did not purchase each of the lands of this case, each transfer of ownership under the defendant's name, which was completed in accordance with the Act on Special Measures for the Development of Special Measures, shall be cancelled as it has become invalid.
In addition, the defendant and I are the same in fact, and the guarantor K was the owner of I, and the registration under the Act on the Special Measures for the Development of the defendant's Name is illegal in the process of registration made by the letter of guarantee made by K as the guarantor under the Act on Special Measures for the Development of the defendant.
Accordingly, the Plaintiffs, the heirs of H, as the genuine owners of the instant land 2, sought the cancellation of the ownership transfer registration under the Defendant’s name as to the said land, and M, from G.