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(영문) 광주지방법원 해남지원 2013. 09. 10. 선고 2013가단20202 판결
당초 등기가 탈법행위에 의한 원인무효 등기인 이상 이에 기초한 소유권이전등기 또한 원인무효의 등기임.[국승]
Title

As long as the initial registration is a registration of invalidation of the cause by the evasion of the law, the registration of ownership transfer based on it shall also become void.

Summary

An employee engaged in the affairs concerning State property may assert against anyone who has acquired the real estate of this case in violation of Article 7 of the former State Property Act, which provides that no employee shall acquire the State property, and the State Property Act does not have a provision that restricts the other party who may assert the invalidation for the purpose of protecting the safety of transaction, etc.

Related statutes

The period of acquisition of ownership of real estate due to possession of Article 245 of the Civil Act on the Restriction of Acts by employees under Article 7 of the Gu State Property

Cases

Gwangju District Court support-2013-Ban-20202 (Law No. 109, 2013)

Plaintiff

Korea

Defendant

Maximum00 et al. and 16

Conclusion of Pleadings

2013.08.27

Imposition of Judgment

oly 2013.10

Text

1. As to the Plaintiff, 00do 00 00 Do 00 Do 112-5 Do 252 Do 252 m2

A. The defendant maximum 00 is 00 district court 00 branch court 00 branch court 15 January 15, 1987 transfer registration of ownership completed under No. 470 branch court 470;

B. Defendant Kim 00: (a) with respect to the third/13 shares; (b) Defendant Park 00, Park 00, Park 00, Park 00, Park 00, and Park 00, with respect to each of 2/13 shares in the same court; (b) the registration of transfer of ownership completed under No. 839 of January 23, 1987;

C. As to the shares of Defendant Yang 00, Yang 00, Yang 00, Yang 00, Yang 00, Yang 00, Yang 00, Yang 00, Yang 00, and Yang 00, Defendant Park 00, with respect to shares of 96/2,128, Defendant Yang 00, Yang 00, Yang 85/2,128, with respect to the shares of 85/2, and 128 shares of the same court, the registration of ownership transfer completed under No. 3028, February 20

Each cancellation registration procedure shall be implemented.

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

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Defendant 6,8 through 10,13,14: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

The remaining Defendants: Each confession judgment (Article 208 (3) 2 of the Civil Procedure Act)

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