(영문) 수원지방법원 2015.01.22 2014가단511643

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(영문) 수원지방법원 2015.01.22 2014가단511643

소유권말소등기

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 7, 1983, the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) was completed on the ground of sale on April 10, 1973 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Apr. 3, 1982; hereinafter “Special Measures Act”) with respect to the land (hereinafter “instant land”).

B.D died on January 26, 1974, and D’s children, including the Plaintiff, succeeded to D’s property.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion: (a) although the Defendant did not sell the instant land to the Defendant, the Plaintiff completed the registration of ownership transfer pursuant to the Act on Special Measures, which was enforced at the time based on a false letter of guarantee and confirmation; (b) since the registration of ownership transfer in the name of the Defendant was invalid as a cause invalidation, the registration of ownership transfer in the name of the Defendant should be cancelled; and (c) one of the co-inheritors in D,

3. The presumption of registration of initial ownership or registration of transfer is not reversed unless it is proved that the registration completed in accordance with the Act on Special Measures for Determination is presumed to be in accordance with the substantive legal relationship, and that the letter of guarantee or confirmation prescribed by the Act on Special Measures is false or forged, or that the registration has not been duly registered due to other reasons, and the false letter of guarantee or confirmation here refers to a letter of guarantee or confirmation, the substantial contents of which are inconsistent with the truth.

(See Supreme Court Decision 200Da33775 delivered on October 27, 2000, etc.). According to the aforementioned legal principles, according to the witness E’s witness E’s testimony at the health stand, the aforementioned evidence and the video of the evidence No. 1 in light of the aforementioned legal principles, the land of this case is the Defendant’s protocol and division.

참조판례

-대법원 2000. 10. 27. 선고 2000다33775 판결

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