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(영문) 대전지방법원 2019.07.26 2018나117775
소유권이전등기말소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. Basic facts

A. G completed the registration of ownership transfer for reasons of sale on April 5, 1970, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094) with respect to H forests and fields Tae-gun, Chungcheongnam-do (hereinafter “H forest”) on August 26, 1981.

B. As to H forest land, the I Union completed the registration of the establishment of a mortgage on April 7, 2005 with the maximum debt amount of KRW 182 million, the registration of the establishment of a mortgage on the debtor G, the J completed on December 1, 2005 with the maximum debt amount of KRW 150 million, the registration of the establishment of a mortgage on the debtor G, and K completed the registration of the establishment of a mortgage on March 30, 2006, the maximum debt amount of KRW 30 million, and the debtor G with the debtor.

C. On December 3, 2007, the area was divided into 518 square meters in H forest and fields and D.

(hereinafter “instant land”). D.

The Defendant completed the registration of ownership transfer on June 12, 2008 on the instant land based on the “sale on May 14, 2008”.

In the register of the land of this case, the above transaction value is stated as KRW 25 million.

E. Meanwhile, the sales contract signed on March 17, 2008 with L, G, and buyer as the Defendant entered the seller into the sales contract with “426 square meters (128 square meters), 232 square meters (70 square meters), housing (unauthorized permission), and sales price as “120 million won”.

F. As the spouse of G, the Plaintiff is a “G” deceased on January 11, 2010 by G.

(A) On February 26, 2010, the deceased was adjudicated on the inheritance limited recognition (the inheritor, who is the child, renounced inheritance).

(g) The registration of the establishment of each of the instant land by J and K was revoked on the ground of the termination on December 14, 2012 on the 12th day of the same month, and the registration of the establishment of the establishment of the neighboring association of the said IF was revoked on the 26th day of the same month on December 27, 2012. [Grounds for recognition] There is no dispute, Gap’s 1, 4, 5, and evidence Nos. 9-5 (No. 4-3 of the evidence No. 4)

2. The assertion and judgment

A. The real estate registration of presumption of registration is a legitimate cause of registration from the fact that it exists formally.

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