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(영문) 대구지방법원 2019.06.27 2018나320380
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 reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, on the grounds that the reasoning of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, and such reasoning is acceptable pursuant to

(The first instance court's findings and judgments are justifiable even if the evidence submitted by the plaintiff in this court was added to the evidence duly admitted and examined by the court of first instance.

The third paragraph (a) of the judgment of the court of first instance (as to the assertion that it is a false sales contract), shall be followed as follows:

As long as the establishment of a disposal document is recognized as authentic, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable reflective evidence that denies the contents of the written statement (see, e.g., Supreme Court Decision 2017Da235647, Jul. 12, 2018). The stamp image attached to the sales contract (Evidence A No. 3) appears to be the same as that of E’s seal affixed on the certificate of seal impression (Evidence A 4-1), and thus, the authenticity of the above sales contract is presumed to have been established, and under the above sales contract where the authenticity is recognized, the fact that the instant sales contract was duly formed can be recognized. Although the Defendant asserts that the sales contract in this case is false, the sales price stated in the sales contract is merely a part of the officially announced value, or the ownership transfer registration was not completed while the Defendant paid property tax, etc. is insufficient to deem that the instant sales contract was false, and the Defendant’s assertion is not acceptable.

B. The following shall be added between the fourth and the last half of the first instance judgment:

5) The instant real estate is located behind the instant building, and a pooled below it.

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