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(영문) 서울고등법원 2019.06.20 2018나2036555

청구이의

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1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant’s District Court on September 20, 2012 against the Plaintiff.

Reasons

Basic Facts

The reasoning for this Court’s explanation is as follows: (a) the relevant part of the reasoning of the judgment of the first instance is identical to that of the relevant part of the judgment of the first instance (Articles 15 and 17 of the judgment of the first instance) except to write down or add the following matters; and (b) such part is cited as it includes a summary under the main sentence of Article 420 of the Civil Procedure Act.

Part 2, 18 through 19, “C is the owner of B forest No. 23,762 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si, and “C is the owner of B forest No. 23,849 square meters and B forest No. 24,793 square meters (hereinafter “instant land before the instant partition”). The said B forest No. 24,793 square meters are the owners of B forest No. 23,762 square meters (hereinafter “instant land”) and N around April 7, 2011.”

Part 2, “C” in Part 19 shall read “C with respect to the land of this case,” and “C shall read “C with respect to the land before the partition of this case and the buildings constructed or constructed on the ground thereof.”

On November 8, 2007, 2007, the second part of the second part of the 3rd part, "for the plaintiff on November 8, 2007, on the land of this case before the division, the land of this case was caused by the said trust contract."

The following shall be added between conduct 4, 15 and 16:

A person shall be appointed.

E. After the Plaintiff’s closing of the argument in the preceding lawsuit, the Plaintiff spent KRW 70,419,410 in total as indicated in the attached Form as property tax and litigation costs on the instant land from April 8, 2013 to June 26, 2017.

The judgment of the appellate court (Seoul High Court 2016Na2047643) of the case of ownership transfer registration (Seoul High Court 2016Na2047643) filed against the plaintiff in Namyang-si, the Seoul High Court recognized the amount of KRW 70,419,410 as above, and the above judgment became final and conclusive.

Part 4. Each entry of "A evidence 1 through 6" in Part 16 is "each entry of evidence 1 through 8, 10, 11, 14, 15, 25, 27 through 32."