logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.24 2018나45831
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for admitting the judgment of the court of first instance are as follows: “A private document is presumed to be authentic when it is signed, sealed, or stamped by the principal or his/her agent; thus, in the event that the person preparing the private document admits that he/she has signed, sealed, or affixed on the private document in question, barring any special circumstances, the authenticity of the entire document is presumed to have been established, and in the event that the authenticity of stamp image portion, etc. is recognized, unless there are other special circumstances, the document is presumed to have been signed, sealed, or affixed by the person signing the document in question at the time when the entire document is completed, and the document is deemed to have been signed, sealed, or affixed by the person signing the private document at the time when the whole or part of the document is completed. Therefore, it is necessary to establish evidence such as reasonable reasons and indirect counter-proof to support the presumption of authenticity as a completed document (see, e.g., Supreme Court Decisions 94Da11590, Oct. 14, 1994; 21Du2121314, etc.).

(1) The court of first instance is justified in finding the facts of the first instance even if the evidence duly admitted and examined by the court of first instance was presented, and there is no error as alleged by the plaintiff as the grounds for appeal).2. Thus, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed.

arrow