logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.11.13 2019나63934
소유권이전등기
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The grounds asserted by the defendant in this court are not significantly different from the allegations in the first instance court, and the fact-finding and judgment in the first instance court are justified even if the evidence submitted in the first instance court and the additional evidence added in this court are considered as a whole.

Therefore, this court's reasoning is based on the reasoning of the first instance judgment, except for the addition of the following Paragraph 2 to the argument that the defendant added to this court, and therefore, it is consistent with the main text of Article 420 of the Civil Procedure Act.

In the second part of the judgment of the first instance, "large 339 square meters" shall be added to "large 140 square meters".

The second page of the judgment of the first instance shall be deleted "large 339 square meters" in the 8th page.

If the judgment of the court of first instance is dismissed, "B No. 1" shall be added to the 18th [based grounds for recognition].

On May 3, 1984, which completed the registration of ownership transfer with respect to each of the land of this case from around September 28, 1983, the part 4 to 9 through 10 of the judgment of the first instance, "The deceased F from around September 28, 1983, which completed the registration of ownership transfer with respect to the land of this case from around May 3, 1984, and from around April 20, 1984."

The following shall be added to the fifth, seventh, subsequent to the judgment of the first instance.

If possessory right is acquired through inheritance, the inheritor can not claim his own possession regardless of his own possession unless he commences his own possession by new title, and if the possession of the representative is the owner, the possession of the person who succeeds to the possession by inheritance from the owner of the ship does not change before the inheritance and its nature or form. Thus, unless there are special circumstances of the group, the possession cannot be a possession with the intention of the owner, and if the possession is to be a possession with the intention of the owner, the possessor must express his intention or commence the possession with the intention of the owner again by his new title (Supreme Court).

arrow