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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. The Defendant asserts that the deceased D or the defendant knew the Gongju-si F, which was purchased from the Plaintiff, to the land of this case that was purchased from the Plaintiff, and that it was against the assertion that the deceased D was unable to purchase the land of this case after the death of the deceased in August 2, 2018, which was submitted by the Defendant in the first instance trial, or that it was against the witness G’s testimony as requested by the Defendant at the trial.
In order to satisfy the conditions set forth in the special measure for the reduction of debts in farming and fishing households, the Plaintiff failed to produce sufficient data related to the assertion that the instant land was nominal trust to the network D.
However, it does not seem that the network that purchased land for the first time was not received and stored in the sales contract.
In addition, it is difficult to understand that the deceased D’s heir, including the Defendant, after the death of 1992, did not take any measure such as demanding the Plaintiff who cultivates the instant land from the time of 2003 to the time of inheritance registration.
Even after the Defendant completed the registration of ownership transfer on the instant land in 2003 due to inheritance, it does not seem to have taken an attitude as the owner, such as demanding the Plaintiff to rent on the ground of the instant land cultivation.
In light of these circumstances, even if the evidence examined by this court was neglected, it is difficult to change the facts and judgments recognized by the first instance court.
The reasoning of this court’s judgment is as follows, except for adding the following determination as to the assertion that the instant land transferred by the Defendant to title trust from the court of trial constitutes illegal consideration, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendant’s instant land transferred to the network D through title trust is an illegal cause under Article 746 of the Civil Act.