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(영문) 부산지방법원 2019.07.04 2018나52815

건물철거 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the dismissal or additional determination of the corresponding part of the judgment of the first instance as set forth in the following paragraph (2). Thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

2. The “E” in Chapter 9 of the Decision of the first instance court No. 2, which is dismissed or added, shall be understood as “the deceased E (the deceased on July 2018, hereinafter “the deceased”).

Each "E" of the two pages 11, 13, 20, 3 pages 5, 12, 15, 16, and 21 of the judgment of the court of first instance shall be read as "E".

Part III through IV of the judgment of the first instance court is as follows: "B. The defendant's assertion 2. The defendant's assertion 2."

B. The following circumstances are as follows: (a) the deceased asked the deceased to purchase the land of this case in order to raise living expenses; (b) despite the plaintiff's assertion, there is no evidence to deem that the plaintiff paid the purchase price to the deceased; (c) the plaintiff is a mother of F and the defendant are in conflict of interest; and (d) the plaintiff claims that the deceased transferred the land of this case to the plaintiff and paid the purchase price to the plaintiff as a result of the plaintiff's father (the F's wife for living expenses and medical expenses; and (e) the difference between the purchase price and the loan on the part of the plaintiff's father (the plaintiff transferred the land of this case to the plaintiff as a result of a loan from the F's wife for the money for living expenses and medical expenses; (d) there is no evidence to support the plaintiff's lending of the money; and (e) if the deceased's living expenses are insufficient to the extent that he would have lent the money to the plaintiff or H's money, the plaintiff's ownership should not be settled in the future without having actually received the purchase price.