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(영문) 창원지방법원 2020.05.22 2018나58636
소유권말소등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment by the court of first instance are justifiable in view of the plaintiff 47 evidence submitted by the plaintiff in the court of first instance and the result of the plaintiff 11 examination (Provided, That as seen in the "2. Additional Judgment" below, evidence No. 46 was not recognized as being the authenticity of the appeal, and it is not recognized as being the authenticity

Therefore, this court's reasoning is as follows, except for the addition of "2. additional judgment" as to the authenticity of Gap evidence No. 46 submitted by the plaintiff in this court, and therefore, this court's reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Since a person registered as an owner of a real estate is presumed to have acquired ownership by due process and cause, the fact that the registration was based on the title trust has the burden of proof to the claimant.

(1) A disposition document is a document that contains a document’s signature and seal, and is subject to the entire content of the document, and the establishment of the document is determined by free evaluation, in accordance with the entire purport of all evidentiary materials and pleadings (see, e.g., Supreme Court Decision 87Meu3147, Dec. 13, 198). The disposition document is a document’s document’s document’s document’s document’s authenticity and its content should be acknowledged, in light of the fact that the document’s existence and content should be recognized, unless there is any clear and acceptable counter-proof that the content of the document is denied if it is established (see, e.g., Supreme Court Decision 2007Da90883, Apr. 24, 2008).

(see, e.g., Supreme Court Decision 98Da31943, 31950, May 14, 1999). If the stamp image of the holder of a title deed signed and sealed a private document is displayed with his/her seal, barring any special circumstance, the stamp image of the holder of the title deed signed and sealed the private document shall

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