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(영문) 대구지방법원 2018.10.31 2017나317288
소유권말소등기
Text

1. The appeal by the plaintiff (appointed party) and the claims extended by this court are dismissed, respectively.

2. Appeal costs and interest.

Reasons

1. Basic facts

A. On June 13, 1913, AB received each assessment of the 797 square meters (hereinafter “1 piece of land before division”) and AAA 995 square meters (hereinafter “2 land before division”). AB died on August 17, 1948, and AB inherited each piece of land as the family heir and the family heir.

B. AC received a false guarantee from AD, AE, and AF to the effect that “V was actually being donated each of the above lands from AB on February 3, 1967 and actually owned,” and V completed registration of preservation of ownership of each of the above lands on the basis of the said guarantee under the Act on Special Measures for the Registration, etc. of Real Estate Ownership on January 29, 1981 (No. 3094).

C. Around December 1989, X filed a lawsuit against V, such as seeking the cancellation of registration of ownership preservation, which was completed with respect to the land Nos. 1 and 2 before subdivision (Seoul Civil Procedure District Court 89Da59800, Jan. 6, 1990). The pre-announcement registration of ownership cancellation was completed with respect to each of the above land.

X was sentenced to the first instance judgment dismissing the claim for cancellation of the above registration of ownership preservation on October 12, 1990 in the above lawsuit. However, on August 14, 1991, the appeal (Seoul Civil District Court 90Na31175) and on August 14, 1991, the judgment of the court below that "V implemented the procedure for cancellation registration of ownership preservation which completed each of the above land to X on the ground that "V was conducted with a false letter of guarantee and confirmation under the Act on Special Measures for the Registration, etc. of Real Estate Ownership Transfer, etc., for the first and second land before the division," and the appeal (91Da34899) against the above judgment of the appellate court became dismissed on April 14, 192, and the part concerning the first and second land before the division was finalized as it is.

E. On the other hand, the head of Yecheon-gun, upon the implementation of the AG District Myeong Project around January 1, 1991, before the division.

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