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(영문) 광주지방법원 2017.11.03 2016나61050
소유권이전등기
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 court's explanation of this case is identical to the reasoning of the judgment of the court of first instance other than the following, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Part of the judgment of the court of first instance shall be subject to the "J" of Part 3, 14, as "D."

The 3rd to 20th of the first instance judgment shall be followed as follows.

However, in the event that the purchaser of land acquires the possession of the land for the purpose by the sale and purchase contract, it is difficult to readily conclude that the purchaser obtained the possession on the basis of the source of possession right, which appears to have no intention to own on the basis of the source of possession right, in view of the nature of the source of possession right, even though it falls under the sale of the land of another person and it is impossible to acquire the ownership immediately thereafter, and unless special circumstances are proved, such as that the purchaser purchased the land with the knowledge of the absence of the right to dispose of the land, the presumption that the

(See Supreme Court en banc Decision 97Da37661 delivered on March 16, 200, etc.). There is no evidence to acknowledge any other special circumstances, such as back to the instant case, the health unit, and the network E with the knowledge of the fact that it was not a disposal authority to D. Thus, the Defendant’s above assertion is without merit.

Nos. 8 through 6 of the first instance judgment shall be followed as follows.

The testimony of the witness N in this Court alone is insufficient to recognize that the defendant or the defendant's family has occupied the land of this case from 1971 to 1983, and there is no other evidence to acknowledge this. Thus, the defendant's assertion is without merit.

C. The Defendant’s assertion regarding the registration of farmland ledger and the receipt of subsidies is asserted.

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