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(영문) 부산고등법원 2016.08.17 2015나52732

청구이의

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 reasons why the court shall explain this part of the judgment of the court of first instance are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, except for the case where the following items are changed as follows. Thus, this part of the judgment of the court of first instance is cited by the main sentence of Article 420 of the Civil Procedure

Part 5 to 7 of the 3rd eth eth eth eth eth eth eth eth eth eth eth eth e.

【The Plaintiff’s argument is examined as follows. (A) With respect to the Plaintiff’s assertion that the Defendant conspireds with D to make a fraud or coercion with regard to the preparation of the instant notarial deed, there is insufficient evidence to acknowledge the Plaintiff’s testimony as to the Plaintiff’s evidence Nos. 6, 7-1, 2, and 8, and 9-1 and 2, and witness F of the trial room. Therefore, the Plaintiff’s assertion is without merit. (B) Meanwhile, the Plaintiff did not have an internal relationship with D, but only maintained an inevitable relationship by coercion and intimidation, and thus, it is unreasonable to recognize the validity of the instant notarial deed as it is based on the premise that the Plaintiff was in an internal relationship with D. The Plaintiff’s submission of the Plaintiff’s notarial deed, including the statement No. 6, lack of evidence to support the Plaintiff’s assertion. Furthermore, even if the Plaintiff’s assertion was accepted, the Plaintiff’s submission of the notarial deed is insufficient to acknowledge the Plaintiff’s assertion as above, and there is no other evidence to support it.