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(영문) 춘천지방법원강릉지원 2016.09.06 2015나6286
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The Defendant (Counterclaim Plaintiff) is not less than 184 square meters of forest land in Gangnam-si.

Reasons

1. citing "1. Basic Facts" and "2. argument and judgment-A. argument" among the reasons for the judgment of the court of first instance, which are part of the judgment of the court of first instance (the main sentence of Article 420 of the Civil Procedure Act), and adding the following contents to "basic facts":

2. The assertion and judgment-B.

The judgment is the same as the following paragraph 2.

【Contents added to the Basic Fact-finding 【The Plaintiff has occupied and used the instant land since July 1987” following the first instance court’s first instance judgment.

2. Determination

A. Since July 1987, the Plaintiff occupied the instant land as seen earlier. However, the Plaintiff was using the instant land by leasing it from F before the time of purchase of the said land, which constitutes possession with the nature of possessory power. The Plaintiff proves that the said possession was converted into possession with the intention of possession with the intention of possession (in this case, the Plaintiff must prove the fact of purchase).

2) The authenticity of Gap evidence Nos. 2 and 3 (No. 2) is presumed to have been established on the ground that there is no dispute between the parties that the stamp image by the name of F of the letter of guarantee is based on F, and the authenticity of the document is presumed to have been established on the ground that there is no dispute between the parties.

In regard to this, the defendant asserts that the authenticity of each of the above documents cannot be recognized, considering the fact that the defendant delivered the seal at the request of this Chapter, and the F, which is the title holder of the above document, did not have a direct signature or seal on each of the above documents, and that the owner of the land of this case at the time of the preparation of each of the above documents, and that the resident registration number of each of the above documents is different, and the F'

1. The testimony of F by the witness of the first instance trial to the effect that there is no seal directly affixed to the above documents. The above witness and the witness related to the defendant are the defendant.

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