배당이의
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning for the court’s explanation as to this case is that of U.S. witness who is insufficient to recognize the plaintiff’s assertion, and the reasoning for the judgment of the court of first instance is the same as the part of the reasoning for the judgment of the court of first instance, except for adding the judgment as follows. As such, it is without merit pursuant to the main sentence of
2. The defendants further determined that the notarial deed of this case was made with false representation even though there was no obligation against the plaintiff to the plaintiff, and that the establishment registration of the notarial deed in the name of the plaintiff was invalid because there was no secured claim. Thus, the plaintiff's claim of this case is without merit.
However, as long as the authenticity of a disposal document is recognized, the court should recognize the existence and content of the declaration of intent as stated in the said statement, unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). A part of the evidence No. 18, as shown in the Plaintiff’s argument, as shown in the evidence No. 18, as shown in the Plaintiff’s assertion, was prepared and delivered directly to the Plaintiff by R, a representative of E, among the entire entries, and was proposed to make a reimbursement of KRW 85,00,00 to the Plaintiff. In light of the content that the Plaintiff proposed to make a reimbursement of KRW 85,00,00, it is difficult to believe that this was made, and there is no clear and acceptable evidence that each of the evidence Nos. 12, 13, 14, 17, and 19 through 23.
Therefore, the above assertion by the defendants is without merit.
3. In conclusion, the judgment of the first instance is legitimate, and all appeals by the Defendants are dismissed as they are without merit. It is so decided as per Disposition.