소유권이전등기
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. Both arguments in the trial of acceptance of the judgment of the court of first instance do not differ significantly from the judgment of the court of first instance, and a thorough examination of the evidence and arguments submitted by both parties in the trial of first instance is recognized as legitimate.
Therefore, this Court argues that the registration of this case was made based on a forged inheritance division agreement with which it was not signed and sealed by the plaintiff, and that the registration of this case was made based on Article 1(b) of the second part of the judgment of the court of first instance.
If the stamp image of the person in whose name the document was affixed is affixed, barring any special circumstance, the authenticity of the stamp image shall be presumed to have been made, i.e., the act of affixing the seal is based on the will of the person in whose name the document was written, and once the authenticity of the stamp image is presumed to have been made, the authenticity of the entire document shall be presumed to have been made. However, such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the person in whose name the document was written, so the person in whose name the document was
(See Supreme Court Decision 2009Da37831 Decided September 24, 2009, etc.). In light of the above legal principles, there is no dispute between the parties as to the fact that the plaintiff did not affix the plaintiff's seal on the letter of agreement on the division of inherited property (Evidence A 3) made between the plaintiff, the defendant, and the deceased D's heir, in light of the records of No. 7, and the witness E's testimony of the first instance trial, the plaintiff delivered the letter of seal impression, resident registration certificate, etc. to the defendant to adjust the legal relationship with the F clan in relation to the land of this case, and E can recognize the fact that the letter of agreement on the division of inherited property after obtaining a seal imprint and a certificate from the deceased G's heir, and signed and sealed the above inheritor's seal. In full view of the above facts of recognition.