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(영문) 창원지방법원진주지원 2019.12.10 2018가단35406
소유권말소등기
Text

1. The defendant,

A. As to the portion of 29,851/194,380 of the real estate listed in attached Table A among the real estate listed in attached Table 1 among Plaintiff A.

Reasons

1. Basic facts

A. The plaintiff A's clan (hereinafter "the plaintiff's clan") is a clan comprised of the members of the plaintiff's clan who have reached majority among the descendants of the clan 20 years of age, and the plaintiff B, C, and the defendant are the members of the plaintiff's clan.

B. On May 10, 1971, the plaintiff clan completed registration of preservation of ownership pursuant to the former Act on Special Measures for the Registration of Transfer of Forest Land Ownership (Law No. 2111, effective) with respect to the real estate listed in attached Table No. 1 of the annexed Table No. 1

Since then, on April 20, 1995, the Defendant completed the registration of ownership transfer based on sale as of March 10, 1982, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, invalidation) with respect to shares 29,851/194,380 among the above real estate (hereinafter “instant shares”).

C. On March 26, 2007, the Defendant completed the registration of initial ownership relating to the real estate listed in the separate sheet 2 through 4 (hereinafter collectively referred to as “instant land”) by means of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, effective).

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, and 7 evidence (including each number; hereinafter the same shall apply), the whole purport of pleading

2. Determination

A. According to the following circumstances, there is no dispute between the parties, or each fact inquiry about Gap's 8, 9, 10, 13, and 14 through 19, and each fact inquiry about the head of Si/Gun/Gu, and each fact inquiry about the witness G's testimony and the whole purport of oral argument, the letter of guarantee, which is the basis of registration of ownership transfer and registration of ownership preservation, completed in the defendant's name concerning the shares in this case and the land in this case, has been proved to the extent that its substantive contents are not true, and the presumed ability of registration has been extinguished. The land in this case has been owned by the plaintiff in the clan, and it is reasonable to view that the defendant agreed to complete registration of ownership transfer with each plaintiff B and the plaintiff C as the owner of the plaintiff's clan on March 13, 2017.

1. The defendant is the plaintiff on March 10, 1982.

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