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(영문) 대구고등법원 2018.06.21 2017나25247
소유권이전등기말소 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasons for the court's explanation in this decision are as follows, except for the cases where part of the defendant's first instance court's first instance court's third and sixth first instance court's third and sixth instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's judgment's second instance court's second instance court's second instance judgment's second instance court's second instance judgment's second instance court's second instance judgment'

2. Parts to be dried;

(a)the following shall be added between conduct 7 and 8 of the first instance judgment:

【Real estate registration is presumed to have been completed based on legitimate grounds for registration from the fact that it exists formally, and a person claiming that he/she had registered under a trust of another person shall be liable to prove the title trust fact (see, e.g., Supreme Court Decision 2012Da84479, Oct. 29, 2015)

B. On the fourth 20-21th 21th 20-21 of the judgment of the court of the first instance, the part “only a testimony of each description or voice of evidence Nos. 3, 4, and 5 (including a provisional number), and a witness O’s testimony” was written to the effect that the evidence submitted by the Plaintiffs, such as the testimony of the witness 3 through 5, 10 through 12 (including a separate number), video or voice, witness O of the first instance court, and witness Q of this court, are considered in all of the evidence submitted to this court and the circumstances surrounding the assertion.”

C. Article 14-16 of the first instance judgment of the court of first instance provides that “The possibility that the deceased would have donated the instant real estate to Defendant J, a South-North Korea, and that he would have caused the deceased to own and manage the instant real estate shall not be excluded from the possibility that the deceased would have donated the instant real estate or the instant real estate to the Defendant, a South-North Korea.”

The following details shall be added between 5th and 19th and 20th decisions of the first instance.

E) On the other hand, the Plaintiffs.

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