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(영문) 대전지방법원천안지원 2014.11.18 2013가단12064

소유권이전등기

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On December 27, 1982, the Plaintiff asserted that he purchased KRW 1,620,000 for the real estate listed in the separate sheet owned by the network G (hereinafter “instant land”) (hereinafter “instant sales contract”). On February 1, 1983, the Plaintiff paid KRW 1,00,000 for the date of the instant contract to the network G, and KRW 620,000 for the remainder of the price on February 1, 1983.

Therefore, the Defendants, the deceased G’s heir, are obligated to implement the registration procedure for ownership transfer based on the instant sales contract with respect to each inheritance share listed in the separate inheritance share sheet among the instant land to the Plaintiff.

B. (1) The Defendants’ assertion (1) is primarily, the net G entered into a sales contract with the Plaintiff as alleged by the Plaintiff with respect to the instant land, or received no sales amount from the Plaintiff, and the original copy of No. 3 (a copy of the sales contract) and No. 4 (a copy of the remaining receipt) submitted by the Plaintiff does not exist from the beginning, and it is a forged document created ex post by the Plaintiff

(2) Preliminaryly, even if the instant sales contract was concluded between the Plaintiff and the deceased G and the sales amount was paid, the Plaintiff’s right to claim for the transfer registration of ownership against the Defendants was extinguished by prescription after the lapse of ten years from December 27, 1982, which was the date of the contract.

2. Determination

A. The submission of documents must be the original, and the submission of evidence by only a copy is not the original, but the submission of evidence by only a copy is inappropriate in principle as there is no accuracy guarantee. Thus, if there is a dispute over the existence of the original and the authenticity of the establishment, and there is an objection against the other party on the representation of the original, the copy cannot be substituted by the original. On the other hand, if a copy is submitted as the original, the copy shall not be the independent documentary evidence, but it shall be submitted by the original.