소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as stipulated in the following paragraph (2). Thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure
2. On the second page of the judgment of the court of first instance, from the second page to the third page 4 of the second page of the judgment, the defendant denies the authenticity of the statement of execution (the evidence No. 2 of this case hereinafter referred to as the "written statement of execution of this case") which appears to conform to the plaintiff's assertion. According to the statement of the health unit, Gap No. 12 and 13 (including the serial number) as to the authenticity of the written statement of execution of this case and the testimony of the witness F of the court of first instance, it is acknowledged that the plaintiff requested a private appraisal agency to submit a written appraisal that the document of execution of this case is presumed to have a high probability of being identical with the defendant's personal seal impression, and the statement of execution of this case is accompanied by the defendant's personal seal impression issued on December 2, 2002 as of the date on which the written statement of execution of this case was prepared.
However, in full view of the following circumstances, namely, ① the appraiser H of the first instance trial presented the opinion that it is impossible to discuss whether or not the Defendant’s seal is transferred due to the limitation of the Defendant’s seal impression in the instant performance memorandum due to the use of the Defendant’s title. ② In the instant case where the Defendant filed a complaint by forging the Plaintiff, etc., the document appraisal specialist of the National Science Investigation Institute (I), as the document appraisal specialist of the Defendant’s name, the statement, and the certificate of personal seal are similar. However, although the document appraisal of the instant performance memorandum is affixed double, it is difficult to determine whether or not the document is identical because it is insufficient to analyze the overall characteristics of the document.