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(영문) 서울고등법원 2019.04.11 2018나2069371
경매결정 취소
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 citing this case is the same as the reasoning of the judgment of the court of first instance, except for the following changes, thereby citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The grounds alleged by the Plaintiff in the appeal do not differ depending on the contents alleged in the first instance court. However, even if considering the evidence submitted by the Plaintiff to this court, it is not different from the fact-finding and judgment of the first instance court). Each “this Court” in the second, third, fifth, and sixth, is changed to “Seoul Central District Court”.

Part 2 of the judgment of the first instance shall be changed to "C".

The 3rd page 1 and 2 of the judgment of the court of first instance shall be changed to the 3rd page 1 and 2.

The "decision" in the second sentence shall be changed to "decision" in the third part of the judgment of the first instance.

The third part of the judgment of the first instance is amended to “the fact that the appeal by the plaintiff was pending on March 20, 2019” in the third part of the judgment of the court of first instance.

2. The plaintiff's lawsuit of this case is unlawful and thus it shall be dismissed.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

(On the other hand, in light of the above circumstances, even if the contents of the reference document submitted by the Plaintiff to this court after the closing of argument in this court are considered, it is difficult to reverse the above judgment).

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