logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.05.11 2017가단11957
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D, E, and F (hereinafter referred to as “D, etc.”) completed the registration of ownership transfer on the ground of sale on January 5, 1924 with respect to the land of 1164 square meters (hereinafter “land before subdivision”) before Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-do on February 8, 1924.

B. H completed the registration of ownership transfer based on sale on February 10, 1965 under the Act on Special Measures for the Registration, etc. of Ownership of Land (Act No. 3094, hereinafter “Special Measures Act”) with respect to land before subdivision on November 23, 1979 (hereinafter “registration of this case”).

C. After that, the land before subdivision was divided and land category was changed by each land indicated in the separate sheet No. 1 (hereinafter “instant land”).

He, as H, completed the registration of ownership transfer due to donation, consultation, or division from June 19, 200 to June 27, 2016 with respect to the instant land, and completed the registration of ownership transfer due to sale on July 3, 2017 to the Defendant on April 11, 2017.

E. D: (a) on May 7, 1937; (b) on November 20, 1924; and (c) on June 29, 1931, the F died; (b) Plaintiff A is the heir of D; and (c) Plaintiff B is the heir of E.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5 through 7, Eul evidence Nos. 1, 2, 5 (including paper numbers), the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. Although the Plaintiff’s assertion that the Plaintiff purchased the land before subdivision from D, etc. or his heir on February 10, 1965, the Plaintiff was issued with a false guarantee to purchase the land before subdivision from D, etc. on February 10, 1965, and completed the registration of this case in its name under the Act on Special Measures for the Management of Special Measures, the registration of this case is null and void by the reversal of the presumption of the registration, and the registration of this case is both null and void by the reversal of the presumption of the registration and the registration of the ownership transfer in the name of the Defendant, which was successively completed with respect to the land before subdivision.

Therefore, D and E.

arrow