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(영문) 광주지방법원 2018.01.10 2017나52886
소유권이전등기절차이행
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence submitted in this

Therefore, this court's reasoning is consistent with the reasoning of the judgment of the first instance except for the dismissal of part of the reasoning of the judgment of the first instance as set forth in the following paragraph (2). Thus, this court's reasoning is cited in accordance with the main sentence of

2. Each testimony of "B" witness C, D, and J" shall be written in the second and third directions of the judgment of the court of first instance, and each testimony of "B" witness C, D, and J.

The second part of the judgment of the first instance court (hereinafter “the Plaintiff”) stated that “the Plaintiff purchased from G” as “the purchase of the Plaintiff on June 5, 1975.”

According to the facts of the above recognition, the second-party 9 of the judgment of the court of first instance: (a) purchased the land of this case from G on June 5, 1975; and (b) determined that the Plaintiff directly or indirectly occupied the land of this case from that time to that time; and (c) such occupation of the Plaintiff is presumed to be possession independently (Article 197(1) of the Civil Act).

At the second bottom of the judgment of the first instance, the first instance court’s “in accordance with the aforementioned evidence, evidence No. 8, and the purport of the entire pleadings” was stated in the second instance.

At the second bottom of the judgment of the court of first instance, the first and second "C", and D submitted and testified a confirmation letter fit for the plaintiff's assertion, while the plaintiff purchased the land of this case from G, and thereafter, the plaintiff stated to the effect that the plaintiff cultivated the land directly or directly by H and D from that time.

3. If so, the plaintiff's claim of this case should be accepted for reasons.

The judgment of the court of first instance is justifiable in its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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