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(영문) 대전고등법원 2016.09.29 2015나13483
소유권확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part that is amended or added in paragraph (2) below, and thus, the relevant description, including the attached Form, shall be quoted pursuant to the main sentence of Article 420

2. Parts to be altered or added;

A. The 4 lines “this Court” in the second sentence of the judgment of the court of first instance are replaced by “The Hongsung branch of the Daejeon District Court”.

B. The following portion of “the instant house” shall be added to the 3rd 16 line of the first instance judgment.

Although the Appellate Witness E newly constructed a house in the forest of this case and stated that he transferred the said forest including the newly-built house to the Plaintiff, it is difficult to believe the said portion of the testimony in light of the aforementioned evidence or the circumstances where the aforementioned witness voluntarily made a statement about the registration of the said house, etc.

【】

C. The 4 lines from 4 pages of the judgment of the court of first instance are changed to “the expression of intention of removal”. D.

Along with the fifth sentence of the judgment of the court of first instance, the term “a situation that seems similar” in 4 lines from the fifth sentence is changed to “a situation that seems similar.”

E. At the end of the part of the first instance judgment No. 6, the following portion of “A” shall be added.

Even if the testimony of the Appellate Witness E is added, it is difficult to recognize the fact that the Plaintiff built the remainder of the building in this case.

F. The part of the “Insufficient” indicated below shall be added to the 6th line of the first instance judgment.

According to each image of subparagraphs A through 5, the fact that a label is attached to the above land's surface trees may be acknowledged. However, according to the overall purport of the statement and pleading in the evidence No. 3, the facts that the above label was not attached around October 2012, when the auction procedure of this case was in progress, can be acknowledged. In light of such circumstances, the above label is not attached.

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