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(영문) 광주지방법원 목포지원 2017.01.11 2016가단50908
소유권말소등기
Text

1. As to the Plaintiff with respect to the size of 4,592 square meters prior to theO in Jeonnam-gun, Jeonnam-gun:

A. Defendant B, Defendant C, Defendant D, Defendant E, Defendant F, and Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff and the net P (P; hereinafter “P”) and net Q (hereinafter “P”) are the children of the network R (hereinafter “R”). Defendant B, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, and Defendant H are the children of P, and Defendant J, Defendant K, Defendant L, Defendant L, Defendant M, Defendant M, and Defendant N are the children of Defendant RI (hereinafter “I”).

B. As to the land indicated in paragraph (1) of this case (hereinafter “instant land”), the registration of ownership transfer was completed in the name of the Plaintiff on July 5, 1960 as of December 27, 1981 on the ground of sale and purchase on July 5, 1960. As of January 17, 2007, the registration of ownership transfer was completed in the name of P on the ground of sale and purchase on August 1, 1992, and thereafter, the registration of ownership transfer was completed in the name of I on March 16, 2007.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was entitled to gift from R and completed the registration of transfer of ownership, but P completed the registration of transfer of ownership pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate on the basis of a false guarantee that the Plaintiff purchased the instant land from the Plaintiff on the basis that the Plaintiff resides in another land. Therefore, the registration of transfer of ownership of P on the instant land is invalid based on a false guarantee.

Therefore, the Defendants are obligated to implement the procedure for cancellation registration of each ownership transfer registration completed as described in the text with respect to the instant land to the Plaintiff.

B. The registration of transfer of ownership in the name of P as to the land of this case was completed in accordance with the Act on Special Measures for the Ownership Transfer of P is presumed to be legitimate registration. The evidence submitted by the Plaintiff alone is insufficient to reverse the presumption of registration.

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