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(영문) 청주지방법원 2020.05.07 2019나12955
소유권말소등기
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

Purport of claim and appeal

1..

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the judgment of the court of first instance are justifiable even if the evidence adopted in the court of first instance added the evidence additionally submitted

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance except for the dismissal of a part as follows. Thus, this court cites it by the main sentence of Article 420 of the Civil Procedure Act.

2. 3-B of the reasoning of the judgment of the first instance that is changed by this court.

subsection (1) of this section shall be as follows:

1) Since a person who is registered as an owner of real estate is presumed to have acquired ownership through due process and cause, the fact that the registration was based on title trust has the burden of proof against the claimant (see, e.g., Supreme Court Decision 2007Da90883, Apr. 24, 2008). 2) In light of the above legal principles, the Cheongju District Court received the registration of ownership transfer as of August 30, 197 with respect to the real estate of this case as the receipt of No. 3215, Jun. 30, 1997, and the invalidation of the first and second registrations of this case are as seen earlier, the real estate of this case is presumed to have been owned by the plaintiff. Thus, the real estate of this case is still presumed to have been owned by the plaintiff, and there is no evidence to acknowledge that G acquired the real estate of this case after considering each entry in the evidence Nos. 3 through 8 and 13 (including several numbers).

Rather, the following circumstances, which are acknowledged by Gap evidence Nos. 1, 10, 17, Eul evidence Nos. 4, Eul evidence Nos. 4, Eul witness G, and K’s testimony and the entire purport of the pleadings, namely, the right to collateral security of this case, in which the plaintiff is the debtor at the time of the completion of the registration of transfer of ownership in the name of the plaintiff as to the real estate of this case, and ② until July 2002, K’s principal and principal for the secured obligation of the right to collateral security of this case.

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