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(영문) 서울고등법원 2019.03.08 2018나2053376
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows. The court's explanation of this case is that the "Seoul Central District Court" is both "Seoul Central District Court", the 7th end of the trial and the 8th side "written evidence No. 9-1 through No. 5" are "written evidence No. 9", and the judgment of the court of the first instance is the same as that of the court of the first instance except for adding the judgment in the trial as follows. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. As seen in the above cited part, it is difficult to view the instant donation contract as an onerous donation under Article 561 of the Civil Act, such as the Plaintiff’s assertion, and this is also the same even if the Plaintiff appears to have written each of the evidence Nos. 13 through 18, which was additionally submitted at the trial.

B. Therefore, we cannot accept all the Plaintiff’s assertion on the grounds of appeal against this point.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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