1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 13, 1974, the Plaintiff completed the registration of ownership transfer on the ground of sale on January 29, 1974 with respect to the land of 1,736 square meters (3, 496 square meters, G 407 square meters, H 767 square meters, and 4 square meters, 66 square meters, and 66 square meters, which were combined on September 19, 2007; hereinafter “instant land”).

After marriage on July 22, 1977, the plaintiff moved to Daegu around February 18, 1978.

B. The Defendant, who is the Plaintiff, completed the registration of ownership transfer on May 3, 2007 with respect to the instant land on the grounds of sale on March 15, 1994 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

(hereinafter referred to as “instant transfer registration”). 【The ground for recognition of the instant case’s transfer registration” has no dispute, entry and video of Gap’s evidence Nos. 1 through 7, 9, and 11 (including branch numbers; hereinafter the same shall apply), and the purport of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s registration of ownership transfer of this case’s assertion is null and void since the Defendant prepares a false guarantee to the effect that the Defendant purchased the instant land from the Plaintiff on March 15, 1994, and completed under the Act on Special Measures. Thus, the Defendant is obligated to cancel the registration of ownership transfer

B. A registration completed under the Act on Special Measures for Determination is presumed to be a registration in accordance with the substantive legal relationship, and unless it is proved that a letter of guarantee or confirmation under each of the above Special Measures is false or forged, or that a registration has not been duly registered due to any other reason, the presumption power of registration of ownership transfer or registration of transfer is not broken. Here, a false letter of guarantee or confirmation refers to a letter of guarantee or confirmation, the substantial contents of which are not consistent with the truth, and the reason for acquisition stated in a letter of guarantee or confirmation is different from the fact.