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(영문) 창원지방법원 2019.05.17 2018나57466
소유권말소등기
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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the court of first instance is that the plaintiff's argument in the court of first instance is stated in the reasoning of the court of first instance, except for the addition and addition of the judgment in the following 2. 2., the plaintiff's argument in the court of first instance, the "E son" of the second 7th son of the court of first instance as the "E son" of the court of first instance, and the defendant's new ground for acquisition of the defendant's clan is insufficient to prove that the new ground for acquisition of the defendant's clan is not true. The plaintiff's argument in the court of first instance is identical to the reasoning of the court of first instance in supplement of the judgment in addition to the addition and addition of the judgment in

2. Additional determination

A. Regarding the burden of proof, the plaintiffs' assertion 1) The real estate of this case is the land that the deceased E acquired on October 31, 1913 under the former Land Investigation Ordinance and thereafter its descendants succeeded in order. As to this, the defendant clan alleged that he held the title trust of the above land to the deceased E as the ground for acquisition of the above land, the defendant clan should actively prove that he held the title trust of the above land to the deceased E.). Thus, the registration completed in accordance with the Act on the Special Measures for the Registration, etc. of Real Estate Ownership Transfer, etc. for the legal principles related to the legal principles related to the legal principles, unless it is proved that the letter of guarantee or confirmation prescribed by the Special Measures for the Development of Real Estate is false or forged, or that it is not legally registered due to any other reason, the presumption power of the registration or the registration of ownership transfer does not be reversed. Here, the false letter of guarantee or written confirmation refers to the guarantee or written confirmation that the acquisition of the above land is inconsistent with the substantive truth (see, e.g., Supreme Court Decision 2007Da7537.

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