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(영문) 서울고등법원 2016.11.11 2015나2030679
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following matters, and thus, it is determined to accept it pursuant to the main sentence of Article

The evidence of the first instance court No. 15, A No. 16, B’s each entry of No. 12, and F’s testimony of witness of the first instance court is added to the evidence of No. 13, 3, and 4.

4 pages 14 of the judgment of the first instance, “The point of question is whether a provisional disposition is possible,” shall be added as follows:

The judgment of conviction in a criminal trial means that it is proved that the judge has conviction to the extent of excluding a reasonable doubt based on strict evidence as to the facts charged. Barring special circumstances, the facts acknowledged in the judgment in the relevant criminal case is a flexible evidence in a civil trial. The plaintiff's assistant was prosecuted by Seoul Central District Court 2015Ra3090 on October 21, 2015 with respect to attempted fraud, uttering of altered private documents, and charges of false accusation. The above court ordered the defendant to arbitrarily modify the contract to sell the real estate of this case with the defendant on February 17, 2007, while the plaintiff's assistant entered into the contract to sell the real estate of this case with the defendant on February 21, 2007 but did not pay the purchase price until February 17, 2007, which had already become null and void, by deleting the phrase of this case, the agreement for the transfer registration of ownership in Incheon District Court 2014Ga1368 on behalf of the defendant."

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