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(영문) 청주지방법원제천지원 2019.01.16 2018가단21759
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. G completed the registration of ownership transfer concerning the instant land on January 6, 1965.

B. Defendant D completed the registration of ownership transfer for reasons of sale as of October 20, 1966 under the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 7500, May 26, 2005; Act No. 7500, October 20, 2005; hereinafter “Special Measures Act”) under Article 2311 of the receipt of Cheongju District Court’s support for the instant land on March 20, 2007.

(hereinafter the above registration of ownership transfer is "the first ownership transfer of this case" (hereinafter).

Defendant E completed the registration of ownership transfer based on sale on August 28, 2008, from 6868 to 6868 to Cheongju District Court’s receipt of Cheongju District Court’s support with respect to the instant land.

(hereinafter the above registration of ownership transfer is referred to as “the second ownership transfer”). D.

G died on December 7, 1997.

The plaintiffs are some of the successors of G.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. As Defendant D’s assertion completed the registration of ownership transfer of this case based on the false or forged guarantee under the Act on Special Measures for the Promotion of Ownership, it is null and void. The registration of ownership transfer of Defendant E based on the above registration is also null and void.

The plaintiffs are co-owners who inherit the land of this case as part of G's inheritors, and seek cancellation registration of transfer of ownership registration of this case No. 1 and No. 2 as stated in the purport of claim as co-owners' preservation act.

B. The registration under the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Forest Land (Act No. 2111 of May 21, 1969, invalidation) is completed by lawful procedures prescribed in the same Act, and is presumed to be in accordance with the substantive relationship, and thus, the registration is presumed to be in accord with the substantive relationship. Therefore, although the other party is liable to assert and prove the reversal of the presumption, a letter of guarantee or a written confirmation that served as the basis of the registration,

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