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(영문) 서울고등법원 2019.01.10 2018나2043126

소유권말소등기

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Acknowledgement and alteration of the judgment of the court of first instance are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the grounds for this part are identical to the grounds of the judgment of the court of first instance, except for dismissal or addition as follows:

The Court of First Instance 4, 25, 4, 22, 23, and 7, respectively, shall be "the Court of First Instance".

Part 5. The following shall be added to the entry in Part 21.

The evidence No. 5, No. 1, No. 20, No. 24, and No. 1, No. 12 of the 6th page “(6) of the Supreme Court Decision that the status of the office ability in G was determined by the Supreme Court Decision” in the case of “No. 5, No. 20, No. 24, and No. 1, No. 2, and No. 12”

Part 6, "Evidence 4, 5, 10 through 13 of A" shall be deemed to be "Evidence 4, 5, 10 through 13, 25 through 28 of A".

Part 6, paragraph 16, the following shall be added:

On the other hand, the real estate subject to the gift contract of this case is identical to the real estate which was given to the defendant in the above notarial deed, and the plaintiff also received a donation of Q apartment subject to legacy from the deceased on April 18, 2013 in the name of the plaintiff and his spouse under the name of the plaintiff and his spouse, the following parts are added.

The plaintiff asserts that the above certificate of the personal seal impression cannot be deemed to have been issued directly by the deceased because it is indicated that the deceased had a bridge affixed to him/her on November 19, 2013, when the certificate of the personal seal impression of the deceased was issued. However, the above circumstance alone is insufficient to deny presumption of the authenticity and probative value of the certificate of the personal seal impression, which is a public document, so the plaintiff's above assertion is without merit."

Part 7: The following shall be added to Chapter 10:

(2) No. 2065 shall be reported by the court in the case of an invalidation of adoption filed by the Defendant against the Plaintiff and G (U.S. Supreme Court Decision 201Da22065).