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(영문) 수원지방법원 2020.07.16 2019나80800
소유권이전등기
Text

All of the plaintiff's appeal and the main claim that has been changed in exchange for the trial are dismissed.

after filing an appeal.

Reasons

1. The plaintiff's ground for appeal is not significantly different from the argument in the first instance trial (the plaintiff asserted in the first instance trial that the date and time of agreement that the defendant C had agreed to transfer the ownership of the real estate of this case to the plaintiff on January 10, 201) and the evidence submitted in the first instance trial is the evidence newly submitted in the first instance trial (the statement in the evidence No. 12 of this case and the testimony of the witness in the trial court).

(2) Therefore, the court’s explanation on this case is as follows: (a) under the third text of the judgment of the first instance, the Plaintiff agreed to transfer the instant real estate to the Plaintiff at around January 12, 2001, “A transfer registration has been made in the name of the deceased H on or around August 14, 2001; (b) the Plaintiff cannot be a nominal owner under the Farmland Act; and (c) the Plaintiff first registers the instant real estate in the name of the deceased H, the father of the Defendant C, in the name of the deceased.” (d) under the third text of the judgment of the first instance, “No evidence exists” ( there is no objective evidence, namely, agreement, by which the existence of the agreement as alleged by the Plaintiff is known. The Plaintiff did not present any objective evidence that the Plaintiff paid KRW 399 million to the Defendant, etc., or whether the Plaintiff invested in the instant real estate at the time or in the name of the Defendant C, which was the last 10th day of the judgment of the first instance, for a considerable period of the Plaintiff’s testimony or provisional disposition.

claim for payment of money.

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