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(영문) 대법원 2014. 09. 05. 선고 2014다213097 판결
(심리불속행) 망인의 사망 이전에 등기원인인 증여행위가 존재했으므로 등기의 추정력이 인정됨.[국패]
Case Number of the immediately preceding lawsuit

Busan High Court 2012Na50872 (Law No. 12, 2014)

Title

(C) Since there was a gift act, which is the cause of death of the deceased, before the death of the deceased, the presumption of registration is recognized.

Summary

Although it is not recognized that the person liable for registration filed an application after the death of the deceased, the presumption of registration is not recognized, the gift contract, which is the cause of registration, was made before the death of the deceased, and thus there was a gift act as the cause of registration

Cases

2014Da213097 Revocation of Fraudulent Act

Plaintiff-Appellant

Korea

Defendant-Appellee

Park AA et al.

Judgment of the lower court

Busan High Court Decision 2012Na50872 Decided May 22, 2014

Imposition of Judgment

September 4, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The ground of appeal was examined in comparison with the records of this case and the judgment below, but the ground of appeal was examined.

The argument does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal.

It is judged that it cannot be accepted or accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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