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(영문) 대전지방법원 2020.06.11 2019나116625
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Quotation of the first instance judgment

A. The reasoning of this Court’s judgment is as follows:

Except as mentioned in paragraph (1), the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and such reasoning is cited as it is in accordance with the main sentence of Article

B. On October 3, 2018, part of the judgment of the court of first instance, "No. 3, 2018" was added to "No. 30, 2018" in Section 10 of the judgment of the court of first instance.

From 18th to 12th of the first instance judgment, the first instance judgment shall be followed as follows.

According to the statements in the evidence Nos. 7, 7, 8, 9, and 14, as claimed by the Defendant, the following circumstances are acknowledged: (a) the Plaintiff prepared the occupancy card on January 13, 2015; (b) the Plaintiff did not generate the water rate for the apartment of this case or the electricity rate was extremely low until January 2015; (c) TV license fees were not paid; (d) the water rate did not accrue between July 2018 and November 2018; or (e) the electricity rate did not accrue between November 2018 and November 2018; and (e) the number of nine occupants registered the apartment of this case.

However, the following circumstances, which can be recognized by comprehensively considering the purport of the entire argument in Gap's statement Nos. 6, 8, 10, 11, and 12, namely, ① Resident registration is not the only evidence proving residential facts, but can be a valuable evidence (see, e.g., Supreme Court Decision 2014Da206044, Aug. 20, 2014). The plaintiff made the move-in report of the apartment of this case as of December 3, 2014, within the occupancy designation period, and has maintained resident registration in the apartment of this case until now; ② the volume of electric consumption occurred since November 2014; ② the volume of electric consumption has been significantly increased compared with the previous month; ③ the date and time of the move-in report prepared and submitted by the plaintiff to the head of the office of management, ④ the date and time of the move-in report from July 18, 2015 to July 18, 2015.

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