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(영문) 서울고등법원 2019.07.04 2018나2056719

손해배상(기)

Text

1. The plaintiff's appeal is 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 judgment of the court of first instance concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for modification and addition as follows.

(A) The fact-finding and judgment of the first instance court shall be reasonable even if the Plaintiff’s assertion and the evidence presented by the court are examined. If the second sentence of the first instance court is followed by the second sentence to the third sentence, “paragraph (d)” shall be amended as follows.

A person shall be appointed.

D. On January 18, 201, a creditor Q’s application filed a decision to commence compulsory sale of the instant real estate (Seoul Western District Court R), and a decision to voluntarily commence the auction was rendered on November 8, 2012 upon Nonparty bank’s application (Seoul Western District Court I; hereinafter “instant auction”), and as a result, on May 11, 2015, the registration of ownership transfer was completed in the name of J on the ground of sale by compulsory auction on May 11, 2015, and on June 12, 2015, a distribution schedule was formulated to distribute KRW 172,729,704 to Nonparty bank, which is the first mortgagee, who is the first mortgagee, to distribute KRW 172,729,704.

"G" in Part 6 of the judgment of the court of first instance is amended to "G". Part 6 of the judgment of the court of first instance added "No evidence exists to recognize" in Part 15 of Part 6 of the judgment of the court of first instance. Then, [ although the plaintiff filed a lawsuit against the defendant seeking cancellation of the registration of change of this case and asserted that the document which caused the registration of change of this case was forged in the lawsuit, the registration of change of this case was forged. However, in the case of the lawsuit, as long as the registration of change of this case was cancelled by auction, the judgment of dismissal was rendered for lack of legal interest to seek cancellation (Seoul Western District Court Decision 2014Da23040 decided August 21, 2015, and no judgment was made with respect to the forgery of the document which caused the registration of this case was made). The following is added to the 6th sentence of the judgment of first instance, as follows: "The plaintiff affiliated with the defendant, from May 23, 2012 to May 3, 16.