logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.12.18 2014나881
소유권말소등기
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. L died on or around July 15, 1973. L was deceased on or around July 15, 197, and there was a long-nam M (Death on December 14, 1978) and N (Death on November 5, 2003), Samnam S/M, T, and a woman, T, and a woman, the plaintiff is the wife of the network M, and the defendants are the successors of the network N.

B. On February 22, 1944, the registration of ownership transfer was completed in the Plaintiff’s name with respect to the area of 288 square meters (hereinafter “J real estate”). K forest land 9,802 square meters (hereinafter “K real estate”); J real estate and K real estate were collectively named, each of the instant real estate was unregistered real estate registered as the owner of the land cadastre.

C. Under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Oct. 5, 1994; hereinafter “Special Measures Act”), the network N prepared a guarantee for the purchase of real estate from R on October 5, 1983 by J, P, and Q from R, and obtained a confirmation from the competent authority on the basis of the guarantee, and completed the registration of ownership transfer for sale on October 5, 1983 by the Jeonju District District Court 11924, the receipt on August 31, 1994, No. 11924, and the registration of ownership transfer for J real estate was completed on October 5, 1983 by the same registry office as of September 1, 1994.

(2) Each registration of ownership transfer and registration of ownership preservation, which are completed with respect to each of the instant real property, are referred to as "each of the instant registrations" (hereinafter referred to as "each of the instant registrations"). 【The ground for recognition, the fact that there is no dispute, the entry of Gap Nos. 1 through 8 (including each number), and the purport of the whole pleadings.

2. The assertion and judgment

A. Although Plaintiff 1’s assertion N did not purchase each of the instant real estate from Plaintiff and Plaintiff L, it obtained a false letter of guarantee and confirmation as if it were purchased from Plaintiff and Plaintiff L, and completed each of the instant registrations. As such, each of the instant registrations was completed without any cause.

arrow