(영문) 창원지방법원 2012.05.10 2011나15289

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(영문) 창원지방법원 2012.05.10 2011나15289

소유권이전등기말소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. The plaintiff asserted that the land in this case is owned by both parts D, and that the defendant received a donation on the date after D's death, and that the resident of the village completed the registration of this case by allowing the residents of the village to prepare a false confirmation certificate and a false guarantee certificate, and thus, the registration of this case is null and void. The defendant asserts that the registration of this case should be cancelled.

The defendant asserts that the registration of the transfer of this case is not based on a false or forged letter of guarantee or confirmation, since the land of this case was donated by the person having a substantial ownership, such as village residents, etc.

3. The registration completed under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197) is presumed to be a registration consistent with the substantive legal relationship. The letter of guarantee or confirmation under the said Act was false or forged.

Unless it is proved that the registration has not been duly made due to any other reason, the presumption of registration of ownership or registration of transfer shall not be broken, and the false letter of guarantee or confirmation here means a letter of guarantee or confirmation that the substantial contents of the changes in rights are inconsistent with the truth, unless it is proved that the registration has been duly made.

In addition, in light of the fact that the Special Measures Act permits the actual transferee of real estate to make registration inconsistent with the process of changing a right, the date of the purchase, which is the cause of the acquisition of the right, is later than the date of the death of the original owner or the former registration titleholder, or the entry of the name of the seller or the date of purchase in the letter of guarantee or written confirmation, is different from the actual one, or the entry of the specific reason

참조조문

-민사소송법 제420조

유사 판례

-창원지방법원 2012.05.10 2011나15289

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