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(영문) 대법원 2014.08.20 2013다200247
소유권말소등기
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the briefs filed after the deadline for submission expires).

1. According to the reasoning of the judgment below, the court below, based on the employed evidence, stated that the land in this case was transferred to "L residing in K" after examining the land in 1914 (3 years large) C, and stated that the above land was transferred to "M" on the ground of sale and purchase as of April 5, 1947, the court below rejected the Plaintiff's claim for registration of transfer of ownership on the land in this case under the name of P, Q, and P, P, and P, P, P, and P, and P, P, P, and P, 1981 (3 years large), and P, P, P, and P, and P, as of each of the above land in this case, on the ground that the Plaintiff had not been transferred to "M" on the ground of sale and purchase as of April 5, 1947, the court below rejected the Plaintiff's claim for registration of transfer of ownership on each of the above land in this case, and it appears that the Plaintiff did not have completed registration of transfer of ownership on each of G, 198, 198.

2. However, the lower court’s determination is difficult to accept for the following reasons.

First, according to the records, the defendant submitted a copy of the old register on the land of this case as the certificate of title 4.

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