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(영문) 광주지방법원목포지원 2017.04.19 2016가단1937 (1)
소유권말소등기
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties and the Defendant B are those who jointly succeed to the deceased’s property as the descendants of the deceased E (the deceased on May 10, 1959, hereinafter “the deceased”) who were the owners of the instant real property.

B. Around July 19, 1993, Defendant B prepared a guarantee certificate stating that Defendant B purchased the instant real estate from the Deceased on October 15, 1980 from the surety F, G, and H, and that it is jointly and severally owned at the same time. Around October 12, 1993, Defendant B issued a confirmation certificate of the head of a Gun with such contents. On November 25, 1993, Defendant B had not been registered on the basis of the above guarantee certificate and the confirmation certificate, the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, Nov. 30, 1992; Act No. 4502, Dec. 31, 1994; hereinafter “Special Measures Act”).

(2) On June 5, 2015, Defendant B completed the registration of ownership transfer of the instant real estate on the grounds of sale on May 15, 2015.

[Grounds for Recognition: Facts without dispute, each entry of Gap 1-4 evidence (including each number), the purport of the whole pleadings]

2. Determination:

A. Despite the fact that the real estate owned by the Plaintiff was owned by co-inheritors, including the Plaintiff, the Defendant B obtained a false certificate and a false certificate to the effect that he purchased the real estate of this case, and completed the registration of ownership preservation of this case in accordance with the Act on Special Measures for the Development of Special Measures. The registration of ownership preservation of this case and the registration of ownership transfer of this case by Defendant C, based thereon, should be cancelled as a registration invalidation.

B. Since registrations under the Act on Special Measures for Relevant Law No. 1 are presumed to be registrations consistent with the substantive legal relationship, a letter of guarantee or confirmation under the said Act, which served as the basis for the said registration, is presumed to be false.

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