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(영문) 대법원 2015.09.10 2015다26061
소유권말소등기
Text

The judgment of the court below is reversed, and the case is remanded to Daegu District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Registration completed under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094 of Dec. 31, 197, invalidation, etc.) and the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502 of Nov. 30, 1992, invalidation, etc.; hereinafter the above two Acts referred to as "each Special Measures" is presumed to be registration in conformity with the substantive legal relationship. Each Special Measures is presumed to be registration in conformity with the substantive legal relationship. There is no proof that the letter of guarantee or confirmation under each Special Measures is false or forged, or that registration is not legitimate due to other reasons. The presumption of ownership preservation or transfer registration is not broken, and even if a person who completed registration under each of the aforesaid Special Measures is found to have acquired rights depending on other reasons, if he/she claims that he/she acquired rights according to the above special Measures, he/she cannot be claimed or completed registration at all at all within the time of acquisition due to the above special Measures.

Unless there are special circumstances, such as where it is obvious that it is a dead tool, it cannot be deemed that the presumption of a completed registration under the Act on Special Measures is broken solely for the above reasons, and the presumption of the registration should be broken to the extent that the fact that a new assertion was made by other data is not true for the fact that the new assertion was made by such other data.

[See Supreme Court en banc Decision 200Da71388, 71395 Decided Nov. 22, 2001, and Supreme Court Decision 2002Da64841, 2002Da64841, 2002Da64858, Feb. 14, 2003, etc.] 2. According to the reasoning of the lower judgment, the lower court determined that the land of this case 1 through 11 was under the name of F and five, and that the land of this case 13 through 15 was under the name of F.

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