beta
(영문) 서울고등법원 2015.05.15 2014나47070

배당이의

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, and this case’s reasoning is the same as that for the first instance court’s decision, and thus, is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Forms 8 through 6 of the decision of the court of first instance shall be applied to the following parts:

“2) The fact that the Defendant (Appointeds) and the appointed parties did not state the same indication (A Dong) among the addresses at the time of the moving-in report for resident registration is as seen earlier.

However, the following circumstances, which can be recognized by integrating the above facts and evidence Nos. 1 through 4 as a whole in the statement of evidence, i.e., ① there are two buildings, an aggregate building, among the real estate in this case, among the land in this case, there are no buildings other than the two buildings; although two buildings are composed of two buildings but there are no other buildings because serial numbers are assigned as one building, there are no other buildings; ② even if there is no such indication, the house number alone is sufficiently specified and there is no possibility of confusion; ② The building status attached to the aggregate building ledger is indicated as one unit A, and the number, location and shape of each floor are relatively accurate, and the house number can be easily confirmed as to which the building belongs to one of the several floors A and B Dongs; ③ it is difficult for a person with three floors or six buildings or two buildings to determine whether the building belongs to one of the two floors in this case; and, unlike the building A Dong, a building with a size much more than the building in the building B, and it is difficult for a person with the appearance of the building in general shape and shape of the building.