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(영문) 대구고등법원 2017.06.08 2016나25530
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 the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for adding each of the following Paragraph 2. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. On the fifth side of the judgment of the court of first instance, I added the following contents to the end of the fifth side of the judgment: (d) I had been staying in Japan along with the second half of South Korea M; (e) not only the Defendant, who was in South Korea, but also left his family, such as wife Q and his father, N (mix), the Plaintiff (mix), and D (mix), and thus, I had already died (the president South Korea P and South Korea).

(2) In light of the purport of Article 3 of the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 211, May 21, 1969; hereinafter “Act No. 2111, May 21, 1969”), it is difficult to recognize that the land of this case was donated to the Defendant under the age of her age without excluding other family members in Korea. E) The above facts are as follows: (a) since the Plaintiff’s father died on August 24, 1969 and the ownership transfer registration of this case was completed on May 12, 1970 by the original Defendant’s mother intention, it is probable that L has disposed of the land of this case as inherited property; (b) However, in light of the purport of Article 3 of the same Act, the ownership transfer registration which can be made under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111, Jun. 21, 1969).

B. The following is added between 7 pages 7 and 8 of the first instance judgment:

1. In addition, the defendant, around 1970, will be owned by the defendant at the time of completing the registration of transfer of ownership in the future, for 20 years.

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