소유권이전등기
The judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division.
The grounds of appeal are examined.
1. A private document is presumed to be authentic when the signature, seal, or seal affixed by the principal or by his agent is affixed (Article 358 of the Civil Procedure Act). Thus, in cases where the formation of the portion of the seal affixed by the person who prepared the private document is recognized, barring special circumstances such as the reversal of such presumption by counter-proof, the authenticity of the entire document shall be presumed to have been established, barring such special circumstances as the whole. In order to reverse the presumption of the authenticity as a completion document, reasonable grounds and indirect counter-proofs, etc. are needed to
(see, e.g., Supreme Court Decisions 2001Da11406, Apr. 11, 2003; 201Da62977, Nov. 10, 201). 2. Review of the reasoning of the lower judgment and the record reveals the following facts.
The Defendant recognized that the Defendant’s seal affixed on the sales contract (No. 4-1) dated December 7, 2008 on each of the instant lands is identical with the Defendant’s seal imprint certificate.
B. The defendant delivered a certificate of the personal seal impression issued on December 4, 2008 and a transcript of the defendant's resident registration card issued on December 4, 2004 to the plaintiff or E around that time. The plaintiff's name, resident registration number, and address are stated in the column of the above certificate of the personal seal impression purchaser.
C. Around February 26, 2008, the Defendant purchased each of the instant land from the Korea Rural Community & Agricultural Corporation, 19,865,000 won, out of the purchase price that the Defendant paid by the Korea Rural Community & Agricultural Corporation, was actually borne by the Plaintiff. The Defendant agreed to pay subsidies of KRW 59,625,00 and interest thereon over a 30-year period, and the Defendant set up a collateral security right with the Korea Rural Community & Agricultural Corporation as the secured obligation. The Plaintiff paid all the Defendant’s obligation to repay the subsidies to the Korea Rural Community & Agricultural Corporation on four occasions from January 15, 2010 to January 20, 2014.
The defendant and the plaintiff's husband Eul who are the defendant and the plaintiff's husband in collusion with each other shall actually lead to the defendant's death in each of the land of this case.