[부동산소유권이전등기][집6민,058]
When the authenticity of a disposal document is recognized and admissible;
In the case of a disposal document, as long as the authenticity of the document is recognized, the existence of the declaration of intention indicated in the document and its contents are admissible as absolute evidence unless there is a special reason to the contrary.
Article 325 of the Civil Procedure Act
Maximum Antarctic leaves
Maximum-aged persons
Jeonju District Court Decision 57Do113 delivered on August 2, 1957, Jeonju District Court Decision 57Da113 decided August 2, 1957
In the case of a disposal document in the documentary evidence, as long as the authenticity of the document is recognized, the existence of the declaration of intention indicated in the document and its contents are admissible as absolute evidence unless there is any special reason on it.
In this case, the court below rejected the plaintiff's assertion that on January 13, 1946, the plaintiff agreed to take over the building site in this case and to implement the procedure for the registration of transfer of ownership due to sale. However, the court below rejected the testimony of each of the testimony of Lee Jong-dong Kimyang-dong Kim Yang and the corresponding contents of each of the testimony and each of the evidence Nos. 1 through 11, which admitted its establishment from the party members. However, in light of the records, although it is evident by the records that the evidence Nos. 4 among the evidence, the document of the above evidence Nos. 4 was a certificate of transfer that the defendant Lee Jong-dong will take over the real estate which the plaintiff acquired the real estate, and it is recognized that the authenticity is established, the court below's decision is not possible to reverse the contents without understanding the whole legal principles.
Justices Go Jae-ho (Presiding Justice)