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(영문) 서울중앙지방법원 2019.06.21 2018나56932

부동산퇴거 등

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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order to perform shall be revoked.

2...

Reasons

1. The reasoning for this part of the judgment of the court of first instance is that the part of the judgment of the court of first instance, 5th 21th 21th e.g., “the judgment on the invalidity of the act of breach of trust” (C. 2) is the corresponding part of the judgment of the court of first instance except for the following parts, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. (A) The other party to the transaction with the person who committed the act of breach of trust is basically an independent transaction with an interest separate from the person who committed the act of breach of trust, and thus, if the other party to the transaction actively participates in the act of breach of trust, such as inducing the other party to commit the act of breach of trust or participating in the whole process of the act of breach of trust, the contract entered

However, in a case where the degree of involvement does not reach the degree of involvement, and in light of the overall legal order, it can be evaluated that the other party to the transaction has social reasonableness when comprehensively taking into account the motive, purpose and intent of the contract, the content of the contract, the necessity or relevance of the required measure, the relationship with the other party to the transaction and the person committing the act of breach of trust, such as demanding the other party to take necessary measures in order to avoid risks arising from his own transaction and to protect reasonable interests, etc., the other party to the transaction knew or knew that the other party to the transaction may

Even if such circumstance alone does not constitute an anti-social juristic act, the contract cannot be deemed null and void.

(B) In light of the aforementioned legal principles, G is the guarantee of F, R, etc., in light of the following: (a) health class; (b) evidence Nos. 17 through 12; and (c) evidence Nos. 2 through 11 (each of the descriptions, including serial numbers; and (d) the testimony of the witness RR at the trial.