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(영문) 광주지방법원 2018.09.12 2017나61842
소유권말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Determination on the cause of the claim

A. The presumption of ownership preservation or transfer registration is not reversed unless it is proved that the registration completed under the Act on Special Measures for the Law and the Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship. The presumption of ownership preservation or transfer registration under the Act on Special Measures is false or forged, or that the registration has not been duly registered due to other reasons. Here, false letter of guarantee or written confirmation refers to a letter of guarantee or written confirmation, the substantial contents of which are not consistent with the truth (see, e.g., Supreme Court Decision 2000Da33775, Oct. 27, 2000). The presumption of its falsity is sufficient if it is proved that the substantive contents are not true by the materials presented in the pleading, and the judge's conviction is not necessary.

(see, e.g., Supreme Court Decision 91Da10480, Dec. 27, 1991). In addition, where a person who completed registration under the Act on Special Measures claims that he/she acquired his/her right in accordance with other grounds for acquisition even if he/she recognizes different grounds for acquisition stated in the letter of guarantee or written confirmation, it is obvious that the registration under the Act on Special Measures for Special Measures for Special Measures for Special Measures cannot be completed in his/her assertion, such as where he/she pays the date on which the grounds for acquisition could not be applied to the Act

Unless there exist special circumstances, such as where it is obvious that it is a dead-end, it cannot be deemed that the presumption of completed registration under the Act on Special Measures is broken solely for the above reasons, unless there are other special circumstances. However, if it has been proven to the extent that the facts of the cause of acquisition newly asserted by other data are not true, the presumption of registration is broken.

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