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(영문) 부산지방법원 2015.09.24 2014나11120

배당이의

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 the court's explanation concerning this case are as follows, except for adding the following judgments to the defendant's argument in the court of first instance, and therefore, it is identical to the part concerning the reasons for the decision in the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article

【Supplementary Judgment】

2. The defendant's assertion and judgment that the plaintiff had the wind to attach 201 door 201 to the real estate of this case (No. 202). The defendant completed the registration of the establishment of chonsegwon on the real estate of this case with the erroneous knowledge that it was 201. The plaintiff's assertion and judgment that the plaintiff's lawsuit of this case is against the good faith principle or constitutes abuse of rights.

The evidence alone submitted by the Defendant alone is insufficient to recognize that the Plaintiff attached a 201 door tag to the instant real estate and 202 door tag to the real estate of 201, and there is no other evidence to deem otherwise.

In addition, the defendant's assertion is interpreted to the purport that even if there is no real right agreement or registration as to the real estate of this case (No. 202), the defendant's assertion is in violation of the provisions of Article 185 (Legal Principle of Real Rights) and Article 186 (Requirements for Establishing Real Rights) of the Civil Code, which are mandatory law, and thus, the defendant's assertion in this regard is not acceptable.

3. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.