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(영문) 전주지방법원군산지원 2014.09.23 2013가단53606
소유권이전등기
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Presumed facts

A. The Plaintiff’s Cho Jae-in (Death on May 10, 1953) had k (Death on October 20, 1964), L, M (Death on July 28, 1997), and the Plaintiff is K’s son, and the Defendants are M’s children.

B. On March 24, 1925, the J completed the registration of ownership preservation on each of the instant lands, and M completed the registration of ownership transfer on June 28, 1965 under the Act on Special Measures for the Registration, etc. of Ownership of General Farmland (Act No. 1657; hereinafter “Special Measures Act”) on December 20, 1950 (hereinafter “the registration of ownership transfer”).

C. On April 4, 1996, Defendant B completed each registration of ownership transfer on the ground of donation from April 2, 1996 (hereinafter “second ownership transfer registration”).

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 5 (including each number), Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s first transfer registration of ownership was made pursuant to a false sales contract, etc. that purchased each of the instant lands from J after M was deceased by J, the cause is null and void, and the second transfer registration of ownership is also null and void. Therefore, each of the above transfer registrations must be revoked.

B. The Defendants’ assertion M is married with N on April 14, 194, and was divided into houses located on the land indicated in [Attachment List No. 2] as of December 10, 194, and received each of the instant land from J, and thereafter completed each of the above registrations of transfer of ownership under the Act on Special Measures, and thus, is not registered as invalid.

3. Determination

(a) If a person who completed a registration under the Act on Special Measures for the Law claims that the cause of acquisition stated in the letter of guarantee or written confirmation has been different from the fact, that person claims that he/she has acquired his/her right in accordance with another cause of acquisition, such assertion shall be made with the date of the cause of acquisition as at which the special measures cannot be applied

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