logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2019.06.13 2018가단57725
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence Nos. 1-2 and No. 2-3 of the evidence No. 1-2, the real estate stated in the purport of the claim (hereinafter “instant real estate”) was assessed under the name of October 3, 1917 in the forest land register. On January 6, 1971, the ownership transfer was entered into under the name of the defendant pursuant to the Act on Special Measures for the Registration, etc. of Forest Ownership (Act No. 211) and the registration of ownership transfer was completed on May 21, 1971.

2. Judgment on the plaintiff's assertion

A. The Plaintiff owned the forest land of this case under the circumstances of the Plaintiff’s father, and died on September 26, 1959, and inherited to the head of the family heir E. The Plaintiff died on November 26, 1963, and succeeded to the wife F, a family heir, who was the family heir. The Plaintiff died on January 10, 199 and succeeded to the two Plaintiff.

Nevertheless, the defendant asserts that since the registration of preservation of ownership has been completed without legitimate title, the registration of preservation of ownership in the name of the defendant should be cancelled as the registration of invalidation.

With respect to the forests and fields, the preservation of ownership of which has been completed pursuant to the Act on Special Measures for the Registration, etc. of Transfer of Ownership of Forest Land (Act No. 2111, invalidation), the registration is completed in accordance with the lawful procedures prescribed in the above Act, and is presumed to be a registration in accordance with the substantive legal relationship. As such, a person who files a lawsuit for the cancellation of registration of preservation of ownership completed pursuant to the above Act was forged or falsified, a certificate of guarantee and confirmation under the above Act, a document attached by the title holder of registration of preservation of ownership,

for any other reason, the court must prove that the registration for preservation was not lawfully made under the above law and prove that the registration was not made under the above law.

(see, e.g., Supreme Court Decision 93Da50192, Jan. 25, 1994). In addition, registration of preservation of ownership in the name of the defendant with respect to the real estate of this case has been completed in accordance with the aforementioned special measures.

arrow