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Reasons
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(영문) 대구고등법원 2017.02.01 2016나234
소유권이전등기
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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for modification or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Revised and added parts;

A. Each of the statements or images of evidence Nos. 6 through 112 and each of the statements or images of evidence Nos. 15 to 19, No. 17, No. 6 to 7, No. 18, No. 10, and No. 15 in the first instance trial shall be revised to “each of the statements or images of evidence Nos. 6 through 112 and the testimony of witness BJ, BK, and AU,” respectively.

B. From No. 7 to 9 of the first instance court’s decision, “The evidence No. 7 is not good (see, e.g., evidence No. 14 to 16)” is amended to “A’s partial entry of the evidence No. 7 and partial testimony of AU by the witness of the trial court is likely to believe that it is, in light of the above circumstances or the respective descriptions of evidence No. 14 to 16, it is difficult to believe that the evidence No. 7 is, as it is, written by the deceased mother and the Defendant.”

C. We add to the judgment of the court of first instance on the plaintiff's argument as follows in the front of the last conclusion of the judgment.

C. The Plaintiff’s assertion that the application of the Act on Special Measures is not subject to the said Act. The Plaintiff asserts that the application of the Act on Special Measures is limited to the real estate actually transferred due to juristic acts, such as sale, gift, exchange, etc. before December 31, 1974, and the real estate inherited. The Defendant’s assertion that “pre-living donation” does not fall under the “donation contract” that is a juristic act, and thus, the registration of ownership transfer completed in the future of the Defendant under the Act on Special Measures is null and void. However, even if the actual cause of acquisition of the land, the registration of ownership transfer under the Act on Special Measures, for which ownership transfer was completed, is inherited and donated, all of

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