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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2016.05.25 2015나12596
소유권이전등기 말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the statements in Gap evidence Nos. 1 and 3, the plaintiff was the owner of the 1/4 share of the real estate listed in the attached Table No. 1 (hereinafter "real estate No. 1") and the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter "real estate No. 2") among the real estate listed in the attached Table No. 1 in the attached Table No. 1, and the real estate No. 1 in the common name of the real estate No. 1, and the "each real estate of this case" (hereinafter "real estate of this case")

2. The parties' assertion

A. At around 1984, the summary of the plaintiff's assertion is that the representative C obtained a registration document and a certificate of personal seal concerning each of the real estate of this case from the plaintiff, and the registration of the transfer of the ownership of each of the above real estate owned by the plaintiff is completed at will without the plaintiff's permission.

Accordingly, the plaintiff seeks the cancellation of each of the above registrations illegally closed against the defendant clan.

B. At around 1984, at the time of the defendant clan's argument, the representative C, following the resolution of the general meeting of the clan, concluded a sales contract with the plaintiff for each of the real estate of this case and paid the price for each of the above real estate, and accordingly, completed the registration of ownership transfer in the name

3. In the judgment, the witness F of the trial court testified that “There is no fact that he sold the shares of the real estate in paragraph 1 to the Defendant clan,” but on the other hand, the real estate in Paragraph 1 was registered as a preservation of ownership in the name of father G, H, I, and J4, which was for the clan funeral, and this was from father G as it was for the clan funeral.

Even after the father's death, there was no significant interest in the real estate of paragraph (1) even after his return.

In 1984, C, the president of the defendant clan, is for the defendant clan around 1984.

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