(영문) 제주지방법원 2018.01.10 2017나10503

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2018.01.10 2017나10503

소유권이전등기말소등기절차 등 이행청구

Text

1.(a)

All appeals filed by the plaintiffs against Defendant (Counterclaim Plaintiff) C, Defendant D, H, and I are dismissed.

(b) Defendant E;

Reasons

1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows: (a) the part concerning “the first. Basic Facts” in the judgment of the court of first instance, with the exception of the part concerning the real estate in [Attachment 2] to 8, 13, and L previous 1620 square meters, which

B. 2) The part below is the same as the reasoning of the judgment of the court of first instance, except as mentioned below. As such, it is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act. [2] The part below is the same as stated in the reasoning of the judgment of the court of first instance. (3), 10, 29, 30 prior to the recognition of the presumption of presumption of presumption of registration, and the following circumstances revealed by the whole purport of the arguments, including evidence and evidence as mentioned above, including evidence of Gap 1 through 4, 10, 29, 10, and 10, witness AR of the first instance court, AL, AP, AP, and AM, the evidence submitted by the plaintiff alone is difficult to readily conclude that the guarantee under the name of the defendants, such as AR, etc., on which the registration was based at the time of completion of ownership transfer registration under the name of the defendants under the Act on Special Measures for the said real estate (hereinafter referred to as "each real estate of this case").

① The Plaintiffs asserted to the effect that “The registration of transfer of ownership completed under the name of the Defendants in accordance with the Act on Special Measures for the Ownership of each of the instant real estate is based only on the agreement (No. 16) signed between the Plaintiff A and the Defendant E on December 13, 1994, and the network R had not previously donated the relevant real estate to the Defendants. The special measures include only the real estate that was actually transferred due to a juristic act, such as a gift before December 31, 1985, and thus, the presumption of presumption cannot be recognized for the registration completed under the name of the Defendants pursuant to the said Act.”

However, in the course of the lawsuit of this case, the defendants are basically named as the "pre-friendly R" of this case.

참조조문

-민사소송법 제420조

유사 판례

-대법원 2015.09.10 2015다26061

-제주지방법원 2018.08.08 2017나513

-창원지방법원 2016.08.18 2015나10800

-대법원 2006. 2. 23. 선고 2004다29835 판결

-대법원 2019. 7. 10. 선고 2018다295677 판결