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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by D, the father of the Plaintiff.
B. D A died on December 15, 1971, and the heirs, including the Plaintiff, succeeded D.
C. As to each real estate listed in the separate sheet Nos. 1 and 2, the registration of ownership transfer was completed in the defendant's future on the ground of "Sale on December 15, 1983" under the Act on Special Measures for the Registration, etc. of Ownership of each Real Estate (Act No. 4502, hereinafter "Special Measures Act") as the receipt of No. 10032 on March 24, 1995 as to the real estate listed in the separate sheet No. 1, 1995, and No. 10033 as to the real estate listed in the separate sheet No. 1, 1995.
hereinafter referred to as "each registration of ownership of this case"
(i) [Facts without dispute over the grounds for recognition, entries in Gap evidence 1 through 11, the purport of the whole pleadings;
2. The Plaintiff’s respective transfer registration of ownership in this case was completed based on the letter of guarantee (Evidence No. 7 and 8 of the Guarantee Member) prepared to the effect that “the Defendant purchased each of the instant real estate from D on December 15, 1983,” and D had already died on or before December 15, 1983, and the Defendant had failed to explain the developments leading to the acquisition of each of the instant real estate. In light of the above, the above letter of guarantee is false, and thus, it cannot be presumed that each of the instant transfer registration is legitimate.
Each transfer registration of this case shall be cancelled as it is completed without any legal cause.
3. Determination as to the cause of action
A. The registration made under the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate is presumed to be a registration consistent with the substantive legal relationship, and it is not legally registered for a letter of guarantee or confirmation provided for in the above Act or for any other reason.