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(영문) 광주지방법원 2020.10.15 2019나66179
소유권이전등기
Text

The plaintiff's appeal against the defendants and the conjunctive claim added to the defendant B by this court.

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. Judgment on the main claim

A. The Plaintiff’s assertion that the land of this case E was donated by I to L, the original copy of I, and the F land before subdivision was also owned by I. The Plaintiff was inherited by the Plaintiff due to the death of I. Since D had no purchase of each of the above land from I, it was completed the registration of ownership transfer of each of the instant land under the false guarantee that is not consistent with the procedures prescribed in the Enforcement Decree of the Act on Special Measures for Issuance of a Guarantee and the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “the Act on Special Measures for Real Estate”), based on the false guarantee certificate that does not fit for the substantive relations prepared in violation of the procedures prescribed in the Enforcement Decree of the same Act, each of the above registrations should be cancelled as the cause becomes invalid. Based on the above registration, the registration of ownership transfer of G land of this case is also invalid.

Therefore, Defendant B, who completed the registration of ownership transfer due to the agreement on the division of inherited property with D as the heir, is obligated to complete the registration of ownership transfer due to the recovery of each real name with respect to the instant land and the instant land after the division. Defendant C, who completed the registration of ownership transfer due to the agreement on the division of inherited property with H as the decedent, is obligated to perform the registration of ownership transfer due to the recovery of each real

B. The registration completed in accordance with the relevant legal doctrine is presumed to be a registration that conforms to the substantive legal relationship, and the registration of initial ownership is made unless there is a proof that the letter of guarantee or confirmation stipulated in the Act on Special Measures for Real Estate has been false or forged, or that the registration was not duly registered on other grounds.

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