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(영문) 대구지방법원 2021.02.17 2020나308253
소유권말소등기
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

The reasoning of this court is as follows: the reasoning of the judgment of the court of first instance (including the attached Form) is the same as that of the judgment of the court of first instance.

Although Q, a guarantor, stated in the instant letter of guarantee, testified in the court of first instance that "at the time, had never known about the legal relationship of the land in this case", it is insufficient to recognize that the evidence submitted by the Plaintiff at the court of first instance or the testimony made by the court of first instance, under the Special Measures Act, has broken down a guarantee to guarantee the right change relationship asserted by the registrant without knowing the right change relationship (see, e.g., Supreme Court Decision 2005Da2189, Apr. 29, 2005). However, in light of the legal principles on the presumption of legitimate presumption of registration under the Special Measures Act, M, a guarantor, clearly testified that the ownership preservation registration of this case conforms to the substantive legal relationship, and that there is insufficient evidence to acknowledge that the presumption of registration of ownership preservation has broken down only on the basis of the evidence submitted by the Plaintiff at the court of first instance or the testimony made by the trial.

Therefore, the judgment of the first instance is legitimate, and the plaintiff's appeal against the defendants is dismissed in entirety.

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