beta
(영문) 서울고등법원 2015.08.21 2015나2000111

청구이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for admitting the reasoning of the judgment of the court of first instance are as stated in the part of the reasoning of the judgment of the court of first instance, except for the following modifications, and thus, they shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The part of "Seoul Mapo-gu Seoul Metropolitan Government D, 162 square meters and its ground buildings" in the 3rd 17 to 18th Do, shall be considered as "Seoul Mapo-gu, Gyeyang-gu, Seoul, No. 504, No. 406."

The 5th judgment of the first instance court is 12 to 13th judgment as follows.

[1] The Plaintiff’s name and evidence No. 12-1, No. 12-3 ( each power of attorney) did not conflict between the parties that the following stamp image with the Plaintiff’s seal. However, in full view of the entries of No. 13, the testimony of the first instance trial witness C, and the overall purport of the oral argument by the witness of the first instance trial, C may recognize the fact that the Plaintiff’s seal is affixed to the Plaintiff’s name. However, there is no evidence to prove that C has the authority to affix the Plaintiff’s seal, and there is no evidence to prove that C has the authority to affix the Plaintiff’s seal, each of the items of No. 12-1, No. 12-3, No. 4-1, No. 5, and No. 6 cannot be used as evidence. 4-1, No. 5, and all of the statements made by the Defendant are different from the facts indicated in each of the above evidence, and in light of the results of the Plaintiff’s testimony and examination by the first instance witness of the first instance trial (Defendant).

(a)Creh. 14 of the first instance court judgment "A evidence 2, A evidence 12-1 to 3, Eul evidence 2, and Eul evidence 4-2" are "A evidence 2-1, 2, Eul evidence 2, Eul evidence 4-2, and Eul evidence 12-1 to 3 of the first instance court judgment".

2. Accordingly, the Plaintiff’s claim is based on the conclusion.