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(영문) 서울고등법원 2016.02.05 2015나18383

소유권이전등기

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

The plaintiff's lawsuit of this case against the defendant is dismissed.

2...

Reasons

1. The defendant asserts that even though the plaintiff did not delegate the lawsuit of this case to AT Law Firm, AT Law Firm has filed the lawsuit of this case on behalf of the plaintiff.

According to the evidence No. 8, AK delegated the instant lawsuit to AT Law Firm, and the Plaintiff delegated the instant lawsuit to AT Law Firm.

There is no evidence to acknowledge that the Plaintiff delegated the instant lawsuit to AT Law Firm through AK.

Thus, the lawsuit of this case is unlawful as it was filed by an attorney who did not prove his power of representation.

2. Accordingly, the plaintiff's lawsuit of this case against the defendant is dismissed as unlawful, and the judgment of the court of first instance has accepted the plaintiff's claim against the defendant, and the part against the defendant in the judgment of the court of first instance has been revoked and the plaintiff's lawsuit of this case against the defendant