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(영문) 창원지방법원거창지원 2017.11.14 2017가단655
소유권이전등기말소
Text

1. The defendant shall be the plaintiff.

A. Changwon District Court on May 1, 1995 with respect to the 1,147 square meters of rivers B in Gyeongcheon-gun, Chungcheongnam-gun.

Reasons

1. Basic facts

A. On December 9, 1976, the Plaintiff completed the registration of transfer of ownership on the ground of sale on December 3, 1976, 1976, as to the 347 Pungcheon-gun B (hereinafter “instant 1”) and C 1,606 Pung-gun (hereinafter “instant 1”).

B. Upon the occurrence of flood damage in the vicinity of each of the instant land, the Defendant paid the Plaintiff the compensation for flood restoration work on July 19, 1983, and around January 9, 1984, the Defendant also paid the compensation for flood restoration work to E, a neighboring land owner. The current real estate register entered the Plaintiff’s address as “Tcheon-gun F” but the Plaintiff’s address as “Jri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

C. On November 15, 1978, the 1,606 square meters in Gyeongcheon-gun, Chungcheongnam-gun was converted into 5,309 square meters on November 15, 1978. On October 31, 1983, the land category was changed at the same time as C river 5,125 square meters and D bank 184 square meters on October 31, 1983.

(hereinafter referred to as “the combination of the above C river and D bank” is referred to as the “land 2,” and the “the total land 1 and 2 of the instant land” is referred to as each of the instant land.

On May 1, 1995, the Defendant completed the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, hereinafter referred to as the “Special Measures Act”) on the ground of donation on April 5, 1983 with respect to the land No. 1 of this case, and completed the registration of ownership transfer under the Act on Special Measures for the Registration of Ownership Transfer, etc. on the ground of donation on April 22, 1995.

(hereinafter referred to as "each registration of ownership transfer of this case" in each of the above registrations.

At the time of the registration of transfer of ownership, the Defendant submitted the guarantee certificate prepared by I, J, and K as of August 31, 1993, which is a village resident, and the said guarantee certificate states that “The land No. 1 of this case is donated from E on April 5, 1983 and is actually owned by the Defendant shall be jointly guaranteed.”

(hereinafter referred to as "the above guarantee" is without dispute over the letter of guarantee of this case (based on recognition), Gap, 1 to 1.

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