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(영문) 부산지방법원 2017.05.12 2016나41040
공사대금 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court’s explanation of this case are as follows, and the parties to this case are as stated in the part of the reasons for the judgment of the first instance except for adding the judgment as described in paragraph 3 below. Thus, this part of the reasoning for the judgment of the first instance shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On November 18, 2014, the first instance court Decision No. 5 No. 4 through 9 (2) held D Borrowing from August 13, 2013 to the effect that the Plaintiff did not complete the registration of ownership transfer under his/her own name (On the other hand, the Defendant’s wife, who is the name of D Borrowing, shall continue to exist in the final appeal (see, e.g., Supreme Court Decision 2014Na2023, Oct. 28, 2015)). The lower court rendered a favorable judgment against the Plaintiff on November 21, 2014, by filing a lawsuit seeking the name and unjust enrichment of D Borrowing with the court No. 2013Da96413, Nov. 18, 2014. The Plaintiff filed an appeal against it (this Court Decision 2014Na2023, Oct. 28, 2015).

(2) “(2) The Plaintiff occupied D Borrowing from August 13, 2013 without completing the registration of transfer of ownership in its own name (On the other hand, the Defendant’s wife, the holder of D Borrowing, was sentenced to a favorable judgment on November 18, 2014 by filing a lawsuit against the Plaintiff seeking the name and unjust enrichment of D Borrowing as the court heading 2013da96413 on November 21, 2013, while the Plaintiff appealed on October 28, 2015 (this Court Decision 2014Na2023), and the Plaintiff thereafter appealed on the said judgment (Supreme Court Decision 2015Da71498), but the said judgment became final and conclusive on March 10, 2016).”

(b) Article 19 to 20 of the Judgment of the first instance court (see, e.g., Supreme Court Decision 8Da19 to “acquisition of R forest land” shall be applied.

(c) the first instance court's judgment Nos. 16-2 and 16-2.

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