(영문) 수원고등법원 2020.05.07 2019나22117

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(영문) 수원고등법원 2020.05.07 2019나22117

소유권이전등기

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

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, except in the following cases or in addition, and thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) 5 pages 4.5 of the first instance court Decision 5: “As above,” “as above 2. (b) 8 to 7.6 of the first instance court Decision 5. 5. 8 to 7. 6 of the first instance court Decision 5.

A. In order to recognize that a piece of land owned by a clan is the ownership of the clan at the time of the situation, and that there is a clan with an organic organization at the time of the situation, and that there is a lot of indirect materials that can only be recognized as belonging to a clan from before the situation, or that there is a process or content of the land owned by the clan before the situation is proved, or that there are many circumstances in which the land has been delayed, and it shall not be recognized in a case where there are materials for facts against the clans and they are not sufficiently proven. The circumstances that can be used as indirect materials include the relationship between the situation and the clans, if there are several persons, the relationship between the situation and the clans, if there are several persons, the situation or registration relation, if there are other land owned by the clans, the size of the land under the circumstances, the status of the installation of the graves, the status of the graves, the management of the graves, the receipts of profits and compensation for the land, the relation of payment of the registration and the completion of all other taxes and public charges, shall be comprehensively examined.

B. (See, e.g., Supreme Court Decision 2001Da76731, Jul. 26, 2002).

In particular, this case is based on the legal principles in the preceding paragraph.

참조조문

-민사소송법 제420조

참조판례

-대법원 2002. 7. 26. 선고 2001다76731 판결

유사 판례

-청주지방법원 2013.08.29 2012가단5384

-제주지방법원 2017.07.12 2016나5832

-대법원 1998. 9. 8. 선고 98다13686 판결

-대전고등법원 2019.12.19 2019나13320

-대법원 2005. 7. 15. 선고 2003다61689 판결