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(영문) 대전고등법원 (청주) 2017.01.24 2016나11104
소유권이전등기
Text

1. In the judgment of the court of first instance, the part of the judgment against Defendants B, C, D, Defendant (Appointeds) and designated parties shall be revoked, respectively, and they shall be revoked.

Reasons

1. The reasoning for this Court’s explanation concerning the facts and defense of this part is as stated in the reasoning of the judgment of the court of first instance, “1. Basic Facts” and “2. Determination on this part’s defense”. Thus, this Court’s reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the merits

A. On January 5, 1924, the Plaintiff’s assertion ZC 21-year-old YA, a clan grouped with the Plaintiff’s claim ZC 21-year-old YA, purchased each of the instant lands from the deceased AA, the 28-year-old ZC, and at the time of purchase from the Plaintiff’s clan AB, the net AB, etc.

on February 8, 1924, each one-third share is nominal, and the registration of transfer of ownership in the name of the deceased AB, etc. (hereinafter referred to as the "registration of transfer of ownership in this case") is referred to as the "registration of transfer of ownership in this case."

A) The Plaintiff completed the registration of ownership transfer due to the termination of title trust with respect to each inheritance share among each of the lands of this case. The Defendants, such as the deceased AB, etc., are obligated to transfer the ownership transfer due to the termination of title trust with respect to each inheritance share among each of the lands of this case, and Defendant B, C, and D, who disposed of the inheritance share with respect to each of the lands of this case, are obligated to express their intent of transfer with respect to each of the lands of this case as to the claims indicated in the separate sheet of claim, which are the objects of inheritance share. (B) The relevant legal principles are presumed to have acquired ownership through due process and due cause, so that the registration of title trust is based on the fact that the ownership is based on the title trust has the burden of proof for the claimant (see, e.g., Supreme Court Decisions 2007Da9083, Apr. 24, 2008; 2008; 3).

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