(영문) 인천지방법원 2016.01.22 2015가단4237

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(영문) 인천지방법원 2016.01.22 2015가단4237

소유권이전등기절차이행

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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. The plaintiff is the mother of the defendant.

B. As to the 688/1168 shares out of 2179 square meters (hereinafter “instant real estate”), the respective registration for transfer of ownership was completed in the name of the Plaintiff as to the 480/1168 shares, in the name of the Plaintiff, as well as in the name of the Plaintiff.

C. Around February 5, 1984, E, F, and G (hereinafter “F”) drafted a letter of guarantee that the Defendant purchases the instant real estate from the Plaintiff and D (hereinafter “Plaintiff, etc.”) and actually owns it (hereinafter “instant letter of guarantee”).

Based on the letter of guarantee in this case and the confirmation letter of strengthened military forces, the registration of transfer of ownership in the name of the plaintiff was made according to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter "Special Measures Act") with respect to the real estate in this case on the ground of "sale on February 5, 1984."

On March 3, 1995, after the end of March 3, 1995 (the fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1-1, 2, and 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. 1) The Plaintiff’s argument guarantor F et al. is the Defendant’s reference and the Plaintiff’s husband’s husband H et al. (hereinafter “the deceased”).

(2) The plaintiff and the deceased are the head of the defendant and the defendant donated the real estate in this case to the defendant before 1984 in consideration of the defendant's duty to support and the actual owner of the real estate, and the registration of this case was completed in accordance with the Act on Special Measures for the Development of Real Estate, and thus, the registration of this case, which was completed based on such false guarantee, is null and void. Accordingly, the defendant is obligated to implement the procedure for the registration of transfer of ownership based on the restoration of real name with respect to the portion of 688/1168 out of the real estate in this case, which was completed in the future of the plaintiff.

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

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