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(영문) 광주지방법원해남지원 2015.08.27 2014가단4740
소유권이전등기 등
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. According to the statement in Gap evidence No. 1, Defendant B, on December 29, 198, completed the registration of ownership transfer on the ground of sale on December 10, 1983 with respect to the land of this case on August 24, 2007, with respect to the land of this case as gift on August 20, 207.

2. The gist of the plaintiff's assertion is that the plaintiff purchased the land of this case and 15 parcels from the defendant Eul on December 23, 1988, and completed the registration of ownership transfer on the remaining 15 parcels on February 3, 1989, but the documents relating to the registration of ownership transfer from the above defendant were delayed due to the problem of removal of graves. The plaintiff did not complete the registration of ownership transfer on the wind where the administrative agent, who was in charge of the registration of ownership transfer, died of the above documents and did not complete the registration of ownership transfer on the wind where all of the above documents are lost. The above donation is the act of the plaintiff's breach of trust against the plaintiff, and the defendant Eul also actively participated therein. Thus, the above donation is null and void pursuant to Article 103 of the Civil Act, or constitutes a false representation among the defendants, and thus, the registration of ownership transfer is revoked pursuant to Article 108 of the Civil Act.

3. Determination

A. We examine whether the Plaintiff purchased the instant land from Defendant B on December 23, 1988, in determining the Plaintiff’s claim against Defendant B, and examine whether the Plaintiff purchased the instant land from Defendant B. However, the witness E’s testimony that seems consistent with the Plaintiff’s assertion is not about the facts of direct experience, and it is difficult to trust this as it is, and otherwise, recognize the Plaintiff’s assertion.

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