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(영문) 부산고등법원 2019.09.25 2018나56254
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 2014, the Plaintiff, including the status of the parties, was a matrimonial engagement with C, the Defendant’s wife, but was married around October 2015.

B. The Plaintiff’s remittance of KRW 150,00,000 from March 13, 2012 up to 13, 2014 up to 150,000 to January 1, 2015, KRW 150,00,000 up to 10,000 on March 28, 2012; KRW 30,000 on June 22, 2015; KRW 30,00,000 on March 15, 200, KRW 30,000 on March 15, 2012; KRW 30,00,000 on March 29, 200; KRW 30,00 on June 30, 200; KRW 10,00 on KRW 30,00 on June 15, 2013; and KRW 13,005; and

C. On October 11, 2015, the Defendant prepared and issued a written confirmation of monetary rent (hereinafter “written confirmation of monetary rent”) with the content that the Defendant confirms the amount as KRW 450,000,000 in total, when settling the existing debts between the Plaintiff and the Plaintiff (hereinafter “written confirmation of monetary rent”).

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 8 and 10, each entry and video, the purport of the whole pleadings

2. The assertion and judgment

A. 1) As long as the formation of a disposal document is recognized to be genuine, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof as to the denial of the contents of the document (see, e.g., Supreme Court Decision 2006Da61574, Jan. 12, 2007). 2) In light of the above facts acknowledged as above, the court shall acknowledge the existence of the declaration of intent and the content thereof (see, e.g., Supreme Court Decision 2006Da61574, Jan. 12,

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