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(영문) 의정부지방법원 2020.12.08 2019나216474
토지인도
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance except for the following specifications among the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of

2. Of the 6th page 9 through 16 of the judgment of the first instance court, the phrase “(see, e.g., Supreme Court Decisions 96Da41335, Apr. 23, 2009; 2008Da95649, Apr. 27, 2001; 201Du6982, Nov. 27, 2001; 2005Da48285, Apr. 28, 2005)” means that “A person who intends to purchase a real estate generally concludes a sales contract after confirming ownership and size by a certified copy of the register, etc. before entering into the sales contract.” Thus, in a case where the area of the site subject to sale exceeds considerably the area on the register, barring any special circumstance, the contracting party was aware of such fact. In such a case, barring any special circumstance, the seller’s possession of the excess portion constitutes another possession by the nature of the source of title.”

3. If so, the decision of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is groundless.

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