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(영문) 수원지방법원 2020.06.05 2019나79640
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the judgment of the first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiffs stressed or added in the trial of the court of first instance, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. On March 28, 1985, which was after March 26, 1983 when the deceased G died, the registration of each of the above real estate was completed in the future of the defendant on March 28, 1985. Since the defendant did not have any grounds for the inheritance or transfer of each of the above real estate from the deceased G, the real estate of this case was completed according to the false confirmation document. The real estate of this case No. 4 was completed in accordance with the false letter of guarantee even though the defendant had not purchased it from the deceased F.

B. The evidence mentioned above and the result of the commission of the delivery of documents to the head of the Suwon District Court of the first instance and the head of the Suwon District Court of the first instance, and the following circumstances, which can be known by the result of the party questioning and the purport of the entire pleadings against the plaintiff A of the first instance court, i.e., the confirmation or guarantee in relation to the application for registration of each of the instant real estate, which was prepared in relation to the application for registration of the instant real estate, are already discarded and it cannot be deemed that the legal presumption of the above registration is broken. However, the plaintiff A stated to the effect that "the deceased F, while the 3 South and North, provided most of the property to the deceased F, and the defendant shared the tax of each of the instant real estate." The title transfer registration of the instant real estate was completed immediately from the deceased F of the deceased G before the death of the deceased, and it cannot be viewed that the ground for registration is invalid merely because the defendant owned each of the instant real estate owned by the deceased F, and the real estate land cadastre No. 1 and 23 of this case.

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