beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On December 30, 1973, B, who was working as a tax official, borrowed the name of C and completed C with the Defendant, entered into a sales contract with the Defendant for 2,346 square meters (hereinafter “instant land”) prior to the Jeonnam-gun, Namnam-gun, a State-owned property, by means of a false sales contract, etc., and completed the registration of ownership transfer of the instant land in the name of C based thereon.
B. Accordingly, B was indicted by violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Forgery of Public Document, and was sentenced by the Gwangju District Court on February 17, 1994 to 12 years.
C. The Defendant seized the instant land on November 25, 1993, and around March 3, 1994, requested the Gwangju Korea Asset Management Corporation's Seoul branch office to sell the instant land by public auction. D.
As to the land of this case thereafter, the registration of ownership transfer in the name of E for public sale on October 12, 1995, around February 9, 1996, and around March 25, 1997
2.28. Registration of transfer of ownership in the F name due to sale and purchase, and around November 5, 199;
9. On June 16, 2003, the registration of transfer of ownership in the name of G or H was completed in order due to inheritance on the 13th of the same month.
E. On August 6, 2009, the Defendant filed a lawsuit against the Plaintiff for the registration of ownership transfer on the ground of the restoration of real name (Gwanju District Court Branch Decision 2009Gadan47155) by asserting that the land in this case was acquired in the name of Eul, and that it was automatically null and void pursuant to Article 7 of the former State Property Act (amended by Act No. 2950, Dec. 31, 1976) and that each registration of ownership transfer in the name of C, E, F, G, H, H, and Plaintiff was also null and void. The Defendant filed a lawsuit against the Plaintiff for the registration of ownership transfer on the ground of the restoration of real name (Seoul District Court Decision 2009Gadan4715, Gwangju High Court Branch Court Decision 2009GaMa4715, May 21, 2010).