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(영문) 서울중앙지방법원 2017.06.12 2016나58286

구상금

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in paragraphs (1) and (3) of the reasoning of the first instance judgment, except for the following cases, and thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the 3rd and 10th of the judgment of the court of first instance, the part written after being dismissed is as follows: “Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “Defendant Co-Defendant”)”; “Defendant Co-Defendant A” in the 3rd, 11, 14, 16, 5 and 6th of the 3rd, 5th and 18th of the 18th of the 3rd, “A”; “Defendant C” in the 3rd and 11th of the 3rd is as “Co-Defendant C of the first instance trial (hereinafter “C”); and “Defendant C” in the 5th of the 5th is as “C”.

Part 5 of the judgment of the first instance court, the "Decision on each lawsuit against Defendant B and Defendant D" in Part 2 was applied to the "Decision on the legitimacy of the part against Defendant B and the plaintiff's claim against Defendant D".

On the 6th judgment of the first instance court, "the existence of the instant right" in the 10th judgment is presumed to be "the existence of the instant claim."

Part VII through VIII of the judgment of the court of first instance is not permitted to exercise the right to cancel a fraudulent act against Defendant D based on the claim of this case against the plaintiff against Defendant B, who is the object of exemption, and the right to cancel a provisional registration under the name of the defendant D. Thus, the plaintiff cannot be deemed to have a preserved claim that can exercise the right to cancel a fraudulent act against Defendant D. Thus, the plaintiff's assertion against Defendant D is without merit.

3. Thus, the part of the lawsuit in this case against Defendant B is unlawful and thus dismissed, and the plaintiff's claim against Defendant D should be dismissed as it is without merit.

Of the judgment of the court of first instance, the part on Defendant B is just in conclusion, and Defendant D among the judgment of the court of first instance is just.