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(영문) 대전고등법원 2016.06.09 2015나14974
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are jointly and severally liable to the Plaintiff for KRW 30 million.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for changing the corresponding part of the judgment of the court of first instance as described in paragraph (2) below.

The attached Form shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, including the attached Form.

2. An alteration of the part of the judgment of the court of first instance is the alteration of the 4th to 12th class.

Evidence No. 11, Eul No. 7 and 12 (including each number)

In full view of the purport of the entire pleadings, F’s other residents are aware of the fact that the Plaintiff completed the registration of ownership transfer with respect to each of the moving-in households from July 2007 to February 2008, and around that time, they are deemed to have moved-in to each of the relevant households.” Article 5 subparag. 1 of the first instance judgment of the court of first instance provides that “The Defendants’ assertion is without merit, since there is no evidence to acknowledge this, the evidence submitted by the Defendant alone cannot be deemed to constitute the above reasons, and there is no other evidence to acknowledge this otherwise, and the Defendants’ above assertion is modified.”

The 5th and 11th of the judgment of the first instance, “from the date when other occupants have moved into the district, from the date when one week has elapsed from the time when other occupants moved into the district,” is replaced by “from the time when other occupants moved into the district.

Nos. 13 and 14 of the text of the judgment of the first instance is replaced by “A record clearly stating that it was filed on September 1, 2015 after five years have elapsed since the date on which other occupants moved into the court of first instance,” which read “A record that it was filed on June 16, 2015 after five years have elapsed since other occupants moved into the court of first instance.”

"A evidence No. 9" shall be deleted in Part 15 of the 5th judgment of the first instance.

The 8th sentence of the first instance judgment is replaced by the following:

Therefore, on February 11, 201, the following day after the judgment of delivery of the front vessel on the instant real estate that the Defendants jointly and severally reduced 300 million won to the Plaintiff and the instant real estate sought by the Plaintiff.

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