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(영문) 대구지방법원 영덕지원 2018.07.03 2017가단10768
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. P was assessed on March 3, 1913 on the instant forest land.

B. P died on November 24, 191, and Qua, the family heir, succeeded to P’s rights and obligations.

Q died on January 19, 1993, and R, S, Plaintiff L, and Q succeeds to the rights and duties of each inheritance ratio of R, S, Plaintiff L, and Q.

R died on December 5, 2008, and Plaintiff A, B, C, D, and E, their children, inherited their rights and obligations according to their inheritance ratio.

S died on March 24, 2009 and succeeded to the rights and duties of S according to the inheritance ratio of Plaintiff F, his or her wife, Plaintiff G, H, I, J, and K, who are his or her children.

C. Meanwhile, in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 7500, effective. hereinafter “Special Measures Act”), the registration of ownership preservation of the Defendant’s name (hereinafter “registration of this case”) was completed on August 29, 2007 by the Daegu District Court No. 11526, which was received on August 29, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 20 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is that registration of preservation of ownership under the Act on Special Measures for the Development of the Defendant’s Name regarding the forest of this case is registration of invalidity of the cause completed with false certification

Therefore, the defendant, as a heir of P, is obligated to perform the procedure for registration of cancellation of registration of cancellation of ownership preservation in the name of the defendant with respect to the plaintiffs' share of inheritance among the forest of this case among the plaintiffs.

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 stipulated in the Act on Special Measures is false or forged, or that the registration was not duly registered due to other reasons, and the false letter of guarantee or confirmation here is the same.

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