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(영문) 창원지방법원 2018.01.25 2016가단116162
소유권말소등기
Text

1. As to the Plaintiff, Gyeong-gun E, Gyeong-gun, Dong-gun, 164 square meters:

A. Defendant D is the Changwon District Court’s Order and Registry on October 2010.

Reasons

1. Basic facts

A. On June 29, 1985, the networkF completed the registration of ownership transfer on the ground of sale on September 10, 1971 with respect to the land of 454 square meters in Dong-gun, Chungcheongnam-do (hereinafter “pre-divisioned land”). The Plaintiff is one of the deceased F’s descendants, who is one of the deceased F’s successors.

B. On December 14, 2006, the land before subdivision was divided into 290 square meters and 164 square meters in Ma-gun, Dong-gun and Dong-gun (hereinafter “instant land”).

C. Defendant B completed the registration of ownership transfer in accordance with the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 7500 of May 26, 2005, hereinafter “Special Measures Act”), which was enforced as of October 4, 2007, as of the land of this case, as of July 1, 1985.

After that, Defendant C completed the registration of transfer of ownership on January 22, 2009 as to the instant land indicated in Section 1-B of the Disposition, and Defendant D completed the registration of transfer of ownership on October 19, 2010 as to the instant land indicated in Section 1-A of the Disposition.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. If a person who completed registration pursuant to the Act on the Special Measures for the Determination of the Grounds for a Claim recognizes the fact that the grounds for acquisition stated in a letter of guarantee or a written confirmation is different from the fact and asserts that he/she has acquired a right according to another grounds for acquisition, it is obvious that the registration pursuant to the Act on Special Measures for the Development of Special Measures cannot be completed in his/her claim, such as setting the date on which the grounds for acquisition cannot be applied,

If there are special circumstances, such as where it is obvious that it is an abandoned district, the presumption of completed registration under the Act on Special Measures shall be broken.

(See Supreme Court en banc Decision 2000Da71388, 71395 Decided November 22, 2001, and Supreme Court en banc Decision 2006Da32200 Decided August 24, 2006, etc.). Transfer of ownership under the Act on Special Measures is registered under Article 3 of the same Act.

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