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1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. On August 28, 2007, in accordance with the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 7500, invalidation, and invalidation (hereinafter “Special Measures Act”), the registration of ownership preservation (hereinafter “the registration of ownership preservation”) was completed in the name of the defendant B under the name of the Seoul District Court No. 13744 as to the instant real estate on August 28, 200.
B. After that, on January 18, 2008, the registration of ownership transfer for the gift on January 9, 2008 in the name of Defendant C, D, and G (hereinafter “instant registration of ownership transfer”) was completed respectively under the name of Defendant C, D, and G as the receipt of the 1042 registry office of the Gwangju District Court for each quarter of the instant real estate.
[Reasons for Recognition] Gap evidence No. 1
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion was originally owned by the network H. The Plaintiff’s real estate was later owned by Defendant B, one of whose descendants, completed the registration of preservation of ownership of the instant real estate pursuant to the Special Measures Act without going through agreement among descendants, and thereafter, the registration of preservation of ownership and the registration of transfer of ownership of the instant real estate infringed on the inheritance shares of the Plaintiff and the designated parties. Thus, the Defendants are liable to implement the registration procedure for the transfer of ownership based on the restoration of real name to the Plaintiff and the designated parties.
B. The registration of preservation of ownership under the Act on Special Measures for Determination is presumed to be a registration that conforms to the substantive legal relationship, so the party seeking the reversal of such presumption was prepared or forged by falsity a letter of guarantee or confirmation under the Act on Special Measures for Registration.
The burden of proof to reverse the presumption of the registration must be proved to the extent that the substantive entries in the guarantee certificate or written confirmation, which forms the basis of the registration, are not true, and unless there is such proof, the degree of proof to reverse the presumption of the registration should be proven to the extent that the substantive entries in the guarantee certificate or written confirmation, which form the basis of registration, are not true.