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(영문) 춘천지방법원강릉지원 2017.11.07 2017나30238
소유권이전등기말소등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. F. 3,273 square meters of F. F. 3,273 square meters (hereinafter “instant land”) and D. 866 square meters (hereinafter “instant land”) were owned by the Plaintiff’s network E (hereinafter “the deceased”).

B. The Deceased died on December 20, 1974, and thereafter on June 20, 1977, on the land of this case Nos. 1 and 2, the registration of ownership transfer was completed according to the statutory share of inheritance of the deceased and other inheritors (G, H, I, and hereinafter “Plaintiff, etc.”) including the Plaintiff on the ground of inheritance on December 20, 1974.

C. As to the land Nos. 1 and 2 of this case, the registration of ownership transfer was completed on June 20, 1977 between the Plaintiff, etc. and the Defendant on which the registration of ownership transfer was completed on the ground of sale as of February 15, 1975.

Plaintiff

With regard to the sale and purchase between the defendant and the defendant on February 15, 1975, there is a land price receipt and a sale certificate on which the name and address of the plaintiff et al. are written as the recipient by making the defendant or his appurtenances as the recipient and each name is affixed.

The sale date of the above sale certificate is indicated as " February 15, 1975", and the land price receipt is not written as the date of preparation.

【Non-contentious facts, Gap’s evidence 1, 2, Gap’s evidence 3-1, 2, Gap’s evidence 4, 5, Eul’s evidence 1-1, 2, and Eul’s evidence 2-1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is as follows: (a) each land price receipt for the land Nos. 1 and 2 of this case (Evidence No. 1-2 of this case) and sales certificate for the land No. 2 of this case (Evidence No. 2-1 of this case); (b) it is impossible to determine when each of the above receipts was made because the date of preparation is not indicated; (c) the Plaintiff’s address and the Plaintiff’s address indicated in the above sales certificate are different; and (c) the Plaintiff’s seal affixed on each of the above receipts and the Plaintiff’s seal affixed on the above sales certificate are different.

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