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(영문) 인천지방법원 2020.11.10 2018나55961

소유권이전등기 등

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and in light of the evidence submitted in the court of first instance along with the contents of the allegation, the fact-finding and judgment of the court of first instance are

Therefore, the reasoning for the statement in this case by the court is as follows: Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Promotion, etc.”) of Part 4 of the judgment of the court of first instance; Article 2(1) of the Addenda to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning Legal Proceedings”); Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning Legal Proceedings”); Article 3(1) of the former Special Cases Concerning the Legal Interest Rate of Article 3(1) of the former Special Cases Concerning the Legal Interest Rate of Article 3(1) of the Civil Procedure Act (amended by Presidential Decree No. 2978, May 21, 2019); Article 3(1) of the former Special Cases Concerning the Legal Interest Rate of Article 3(2) of the Act (amended by Presidential Decree No. 20168, Feb. 4, 2019).

2. In conclusion, the part against C out of the first preliminary claim of this case is unlawful and dismissed. The first preliminary claim except the plaintiff's main claim and the above dismissed part is all dismissed as it is without merit. The second preliminary claim shall be accepted within the scope of the above recognition, and the remaining second preliminary claim shall be dismissed as it is without merit.

The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.