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(영문) 서울고등법원 2015.11.13 2015나2018303
소유권말소등기
Text

1. The plaintiffs' appeal is dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. Fact that there is no dispute over the facts of recognition [based for recognition], Gap evidence 1 through 5, 7, 8, Eul evidence 1 (including branch numbers in case of additional numbers; hereinafter the same shall apply), the results of fact inquiry into the chief of Daegu District Court's branch court's branch court's branch court's registration office in the first instance court, and the purport of the whole pleadings;

A. On December 29, 1923, the deceased P (the deceased on September 20, 1962) completed the registration of ownership transfer in the name of the deceased Q Q (the deceased on August 3, 194) who is the defendant's father on the same day.

B. On August 18, 1970, the Defendant completed the registration of transfer of ownership (hereinafter “registration of this case”) by reason of sale as of May 5, 1940 pursuant to the former Act on Special Measures for the Registration, etc. of Forest and Forest Ownership (amended by Act No. 2111, May 21, 1968; repealed by Act No. 9143, Dec. 19, 2008; hereinafter “Special Measures Act”).

C. The Plaintiffs are the successors of the network P.

2. The plaintiffs' assertion

A. Upon the announcement of the Act on Special Measures, the Defendant, S, and Twit acquired the ownership of a variety of forest land on the ground of false guarantor with respect to the forest land where the owner of such forest is unknown at the time of

The net Q had no economic time to purchase the forest land of this case, and the defendant was also 12 years since 1929 and was living in 1940 and could not purchase the forest land of this case from the net Q.

The registration in the name of Q and the registration in this case was completed using the Act on Special Measures for the Use of Illegal Methods such as putting a false guarantor on the market.

Therefore, since the registration of this case is the registration of invalidity of cause, the defendant is obligated to implement the procedure for registration of cancellation for the registration of this case to the plaintiffs who are the successors of net P.

B. The Plaintiffs came to know of the fact that the registration of this case was made on the instant land, and demanded that the Defendant deliver or return the instant land, and the Defendant responded to this, but failed to comply with it.

3. Determination

A. First, the registration of this case is invalid.

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