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(영문) 광주지방법원 해남지원 2013. 04. 15. 선고 2012가단20687 판결
당초 등기가 탈법행위에 의한 원인무효 등기인 이상 이에 기초한 소유권이전등기 또한 원인무효의 등기임.[국승]
Title

As long as the initial registration is a registration of invalidation of the cause by the evasion of the law, the registration of ownership transfer based on it shall also become void.

Summary

An act of acquiring State property under the name of another person by an employee engaged in the affairs concerning State property shall be null and void as an evasion of law, and an act of acquiring State property by a third party shall also be null and void, unless the same Act provides for the restriction on the other party entitled to assert the invalidation in order to protect the safety of transaction, etc.

Related statutes

The period of acquisition of ownership of real estate due to possession of Article 245 of the Civil Act on the Restriction of Acts by employees under Article 7 of the Gu State Property

Cases

Gwangju District Court support-2012-Ban-20687 ( October 15, 2013)

Plaintiff

Korea

Defendant

Maximum 00

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

oly 2013.15

Text

1. The Defendant shall implement the procedure for the registration of cancellation of ownership transfer registration, which was completed as No. 11710 on May 7, 198, with respect to 00do 00 00 Do 00 Do 00 Do 00 Do 223-12 7 Do 00 Do 00 Do 1171

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

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings: Article 208 (3) 1 of the Civil Procedure Act.

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