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(영문) 수원지방법원 2020.09.11 2020나50027
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

The reasoning of the judgment of this court is that of the first instance judgment except for the following parts, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the part of the judgment of the court of first instance, the part written after dismissal is deemed to be “the network K” for the second page 8 of the judgment of the court of first instance, “the seller F” for the last page 3 is deemed to be “F used by the seller L,” and “the May 24, 2019” for the second page 5 is deemed to be “the May 27, 2019.”

No. 5-8 of the first instance judgment is deemed to be “No. 5-10 evidence” and No. 4-9 through No. 15 of the first instance judgment are deemed to be “No. 5-10 evidence,” respectively, and the fourth 9 through No. 15 of the first instance judgment are deemed to be “No. 4, 5, and 6.”

④ On the other hand, the deceased appears to have no special property, such as real estate or deposits, in the name of the deceased at the time of the commencement of living with the Plaintiff, and the status of credit seems to have existed. In addition, in light of the fact that the deceased did not engage in economic activities other than household work during his marital life, and that his common life was maintained with the profits of the printing plant operated by the Plaintiff, it is deemed that the deceased did not have the ability to procure the sales price of the real estate

⑤ On August 27, 2012, KRW 95,135,258 was deposited in the Plaintiff’s account under the name of “cancellation of installment savings” and most of the said money was used as the instant sales amount. From August 20 to 27, 2012, most of KRW 93,817,968 out of the total sum of the accounts, such as the deceased’s term deposit and installment savings, in the name of the deceased, terminated on August 20, 2012.

However, the above account, such as the installment savings, is deemed to have been opened on the basis of the deceased’s transfer of the revenue of the printing plant from the Plaintiff to the ordinary deposit account in the name of the deceased.

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