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(영문) 춘천지방법원 2019.10.16 2018나53440

소유권이전등기말소 등

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1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.

2. Appeal costs and ancillary costs.

Reasons

1. The grounds for appeal by the plaintiffs as to the primary claim for determination of the facts and the primary claim are not significantly different from the allegations in the first instance court, and even if the evidence submitted in the first instance court is different from the evidence submitted in this court, the fact-finding and determination in the first instance court are justified.

Accordingly, this Court cited the reasoning of the first instance judgment as it is in accordance with the main text of Article 420 of the Civil Procedure Act, except for the following addition.

Part 6 to 13 of the fifth order of the court of first instance shall be advanced as follows.

2) The plaintiffs asserts that the deceased K continuously occupied the part of the building in excess of the site of the building of this case since November 19, 1985 or from May 20, 195.

However, prior to the testimony of the witnessO, it is difficult to believe it as it is in light of the fact that, prior to the testimony by theO, the plaintiffs testified that if the plaintiffs won in the lawsuit of this case, J, the spouse of theO, also would be favorable for the plaintiffs to claim ownership over the 2,907 square meters of the PP in the original city under the name of the defendant F.O. TheO stated that the deceased K was a director of Seoul around November 19, 1985, claiming that it commenced possession of the land of this case by the deceased K. In light of the fact that the size and boundary of the land of this part are unclear from any point of time, it is difficult to recognize the facts that the plaintiffs submitted, including the entries and videos of the evidence of Nos. 6, 9, 32 through 35, 37 through 39, and there is no evidence to acknowledge the facts that the plaintiffs submitted.

3) From November 19, 1985, the Plaintiffs continued to connect each point of 8, 9, 10, 11, 12, 13, 14, 15, 16, 23, 24, 25, 26, 27, and 8 of the annexed drawings among the instant land, and part of 935 square meters inboard (hereinafter referred to as “part of the instant land”).

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