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(영문) 부산지방법원 2015.03.20 2014나9912
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court's explanation of this case is as follows: (a) the part of the judgment of the court of first instance is reversed as stipulated in paragraph (2); and (b) the plaintiff B's personal examination result in the court of first instance is the same as the reasons for the judgment, except for the rejection of the plaintiff B's personal examination result in the court of first instance where it is insufficient to recognize the plaintiffs' assertion that "the registration of ownership transfer in the name of the defendant with respect to the real estate of this case is a title trust or is based on a false representation."

2. The 3rd judgment of the first instance court (hereinafter "the 19th judgment") of the third and 19th judgment (hereinafter "the 19th judgment") shall be written as follows.

2) (A) The issue of whether the ownership of the real estate owned by the obligor is transferred to the obligee as a substitute for the repayment of the previous obligation, or whether the ownership of the real estate was transferred to the obligee as a substitute for the repayment of the previous obligation, or the subsequent reservation and transfer of the liquidation procedure for the security of the previous obligation is a matter of interpretation of the intention of the parties at the time of the agreement. Where there is no clear proof as to this issue, in full view of various circumstances, such as the amount of the obligation at the time of the agreement, the amount of the real estate at the time of the agreement, the circumstances and the subsequent process of the agreement, the situation at the time of the agreement, and the control and disposal of the real estate thereafter, etc. (see, e.g., Supreme Court Decision 92Da1980, Jun. 8, 1993).

Rather, the above facts are examined.

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