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(영문) 광주지방법원 목포지원 2018.11.28 2017가단54334
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The defendant completed the registration of ownership transfer on May 12, 197 as to each of the land of this case.

(2) From November 1, 1971 to September 1, 1985, Nonparty B, who had been in charge of managing and selling State property, was forged with a sales contract, power of delegation, certificate of sale of State property, etc., using the name of Nonparty C, the former wife, as Nonparty C purchased each of the instant land from the Defendant on July 8, 1974.

B was prosecuted for committing an offense, such as illegally unafforested state property by using the name of relatives, etc. as above, and the resale of it to a third party and the fraud of the purchase price, and received a final judgment of conviction.

(3) On February 19, 1985, the Plaintiff applied to the Gwangju Regional Tax Office for the change of the name of the purchaser of each land of this case from C to the Plaintiff. On March 6, 1985, the Plaintiff completed the registration of transfer of ownership for each land of this case on March 6, 1985, using forged documents as above.

(4) On the other hand, with respect to each land of this case, a special agreement on the purport of the claim that "if any illegality provided for in Article 27 (1) of the State Property Act is discovered in selling state property, the contract may be revoked at any time," has been completed (hereinafter "registration of the special agreement of this case").

B. The Defendant filed a lawsuit against the Plaintiff seeking implementation of the procedure for ownership transfer registration based on the restoration of real name with respect to each of the instant land as the Gwangju District Court Decision 2017Da55047.

On November 14, 2018, the above court's act of acquiring each land of this case under the name of another person, which was engaged in the affairs concerning state property, is a mandatory provision.

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