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(영문) 서울동부지방법원 2016.05.20 2015나27707
소유권이전등기말소 등 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additions to 2.(b) of the reasoning of the judgment of the court of first instance as stated in the reasoning of the judgment. As such, it shall be cited as it is by the main sentence of Article 420

2. The Defendants additionally asserted that the Plaintiff’s claim in this case constitutes abuse of rights and is not allowed as it constitutes a juristic act contrary to social order, since the Plaintiff’s claim in this case was confirmed to be the actual owner B by the reconciliation and arbitration decision of the Seoul East District Prosecutors’ Office and the subsequent agreement.

The facts that the prior ruling of this case was cancelled on the grounds that the agreement asserted by Defendant B was too excessive and not valid. The plaintiff's claim of this case constitutes abuse of rights in light of the above reconciliation decision or the content of the agreement.

It is not sufficient to recognize that a juristic act is permissible in the anti-social order, and there is no other evidence to acknowledge it.

The defendants' assertion is without merit.

3. The plaintiff's claim against the defendants shall be accepted in its entirety on the grounds of its reasoning, and the judgment of the court of first instance is justified with this conclusion, and all appeals by the defendants are dismissed as they are without merit. It is so decided as per Disposition.

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