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(영문) 서울고등법원(인천) 2020.10.15 2019나12723

약정금

Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is that of the corresponding part of the judgment of the court of first instance, if the court excludes the part to be used or added as described in the following paragraph (2), it is identical to the reasoning of the judgment of the court of first instance. Thus, it is

(except for the part against C that is separated or determined in the first instance trial). 2. Parts dried or added

A. The part corresponding to the judgment of the first instance shall be deemed to be “C”, the part “Defendant C” in the part corresponding to the judgment of the second instance shall be deemed to be “C”, and the part “as of July 10, 2012” in the second part “as of July 10, 2012” shall be deemed to be “ October 31, 2016” and the part “as of October 8, 2016” in the third part “as of October 17, 207” shall be deleted.

B. No. 5 of the first instance judgment, “Difference of transfer income tax” in the first instance judgment shall be calculated by adding “the difference between transfer income tax and local income tax that may arise if the registration of ownership transfer was completed normally with respect to the instant real estate from the transfer income tax and local income tax to be imposed as above.”

C. Part V through VII of the first instance judgment to the effect that “A. The authenticity of each of the instant statements is constituted as follows.”

A person shall be appointed.

A. If the authenticity of each of the instant notes is reproduced by his/her seal affixed on one of the private documents, barring special circumstances, it is presumed that the act of signing and sealing is based on the will of the holder of the title deed, barring special circumstances. On the other hand, when the authenticity of the seal is presumed, the authenticity of the entire document is presumed pursuant to Article 358 of the Civil Procedure Act, but such presumption is broken if it is revealed that the act of signing and sealing was made by the person other than the holder of the title deed or that it was made without going against the will of the holder of the title deed or against the will of the holder of the title deed.

Furthermore, the establishment of the authenticity of the above seal imprint, that is, the act of signing it, is the holder.