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(영문) 대법원 1958. 3. 13. 선고 4290민상791 판결
[가옥명도][집6민,010]
Main Issues

Negation of the truth of real estate registration and burden of proof

Summary of Judgment

As long as registration in form is recorded on the register, it shall be presumed that such registration has been made public on the register, so that a person who intends to deny the authenticity of such registration has the burden of proof and burden of proof.

[Reference Provisions]

Article 1 of the Registration of Real Estate Act, Article 358 of the Civil Procedure Act

Plaintiff-Appellee

00 00

Defendant-Appellant

Maternity

Judgment of the lower court

Seoul High Court Decision 57 civil service522 delivered on September 23, 1957, Seoul High Court Decision 2007

Reasons

As long as public confidence is not granted on the general real estate registration under the current law, but the registration in the form is entered on the registry, which is the public official of the State, this is presumed to have publicly announced the true state of rights unless there is any special reason to interpret the objection, and thus, a person who intends to deny the authenticity of such registered facts. According to the records and the original judgment, according to the records and the original judgment, the defendant alleged that each of the registrations in this case was due to the forgery of documents required for the registration in the name of the defendant in the defendant's name in the defendant's site, and submitted evidentiary materials therefor, but the court below, however, it is apparent in the original judgment that it presumed the authenticity of the entries in the register under the legal principles of the previous time when the facts were not reliable by the evidence preparation and the right to recognize facts, and therefore,

Justices Kim head-il (Presiding Justice)

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