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(영문) 전주지방법원 2020.09.16 2019나3373
증여금 반환 등
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The court's explanation of this part of the judgment as to the primary claim is identical to the reasoning of the judgment of the court of first instance, and thus, citing this part as is by applying the main text of Article 420 of the Civil Procedure Act

2. Determination on the conjunctive claim

A. The Plaintiff’s assertion purchased the instant real estate from the Plaintiff’s form and trusted it to the Defendant. Since the title trust contract was terminated by serving a written application for modification of the purport of the instant claim and the cause of the claim, the Defendant is obligated to implement the procedure for ownership transfer registration of the instant real estate.

B. It is not sufficient to recognize that the Plaintiff was in title trust only with the statement No. 9 (Statement and Identification Card), and there is no other evidence to prove otherwise, the Plaintiff’s above assertion is without merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance that dismissed the plaintiff's main claim is just as it is concluded, and the plaintiff's appeal and the incidental claim added to this court are dismissed as it is without merit. It is so decided as per Disposition.

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