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(영문) 서울고등법원 2015.01.28 2013나2027006
손해배상(기)
Text

1. Of the judgment of the first instance, Plaintiff DG, DH, DI, DJ, DJ, DK, DK, DM, DM, DP, DP, EA, EA, EC, AW, ED, EE, EF, EZ, EG, EH, EK, EM, EM, BE, and others.

Reasons

1. The reasons why the court shall explain this part of the basic facts are in attached Form 6 of the judgment of the court of first instance.

4. The entry of the list of inheritance shares; and

“B” attached Form

4. The same shall apply to entries into the inheritance relationship and the quoted amount; and

In addition to changing to another one, the term "1. Basic Facts" is a part of the reasoning of the judgment of the court of first instance, which is set out in Sections 8 through 5 of the judgment of the court of first instance.

Therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act as it is.

2. In full view of each of the statements in evidence Nos. 16, 17-1, 17-2, and 120 as to the legitimacy of the lawsuit of this case and the defendant's defense on the merits of the lawsuit of this case, the above plaintiffs can be acknowledged as having died before the filing date of the lawsuit of this case ( January 13, 2012), since the above plaintiffs are incapable of being party to the lawsuit of this case, the lawsuit of this case of this case is unlawful, since the above plaintiffs cannot be acknowledged as having died before the filing date of the lawsuit of this case (the date of January 13, 2012).

On the other hand, the defendant asserts that the lawsuit of this case except the plaintiff Dol AL, GN, and AM was also filed by the attorney who did not lawfully grant the plaintiffs' power of attorney. However, there is no circumstance to suspect that the delegation of the lawsuit of this case submitted by the plaintiffs was forged or otherwise did not have been duly formed. The plaintiffs are most parties to the case. The plaintiffs' attorney submitted most copies of identification cards of the plaintiffs to explain the fact that he was granted the power of attorney (the copies of identification cards of the remaining plaintiffs except the plaintiff 16. AK, 123.N, and 124.).

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