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(영문) 대구고등법원 2019.04.04 2018나24128
부당이득반환
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, which cited the instant case, is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and such judgment is cited in accordance with the main sentence of Article 420 of the

2. The portion determined additionally by this Court

A. The Plaintiff asserts that “The Defendant’s confirmation document (No. 6, hereinafter “instant confirmation document”) confirming the fact of title trust of the instant building was prepared by the Defendant with a seal imprint affixed thereto, and that the Plaintiff’s cause of the claim should be recognized by the statement of the instant confirmation document.”

B. However, in light of the following circumstances, the fact that I affixed the Defendant’s seal imprint on the side of the Defendant’s name in the instant written confirmation, as seen in the first instance judgment (No. 10 No. 10) cited earlier, and the Plaintiff’s assertion based on the premise that the Defendant’s personal seal imprint affixed the Defendant’s seal imprint and affixed the Defendant’s seal imprint to the Defendant’s name. In addition, in light of each of the aforementioned evidence, the Plaintiff’s assertion based on the premise that each of the aforementioned evidence was written by the Defendant’s personal seal imprint

① In this Court, I prepared a factual confirmation (No. 10) of the same content that “When the Defendant obtains a loan from U.S. bank on September 5, 2007, I directly attended the bank and testified that “When preparing a loan document, I has affixed a sales contract (No. 3) and the instant confirmation document, I has affixed a seal imprint.”

However, in the instant case, there is no special circumstance for the Defendant to affix the Defendant’s seal imprint in the instant confirmation document confirming “the fact that the Defendant obtained title trust from the Plaintiff,” which is not related to the loan business by the bank that received the above loan.

In addition, with respect to the above sales contract on the building of this case, I stated that "the name of the defendant in the column of the buyer was entered, but the stamp image next to the name of the defendant was entered."

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