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(영문) 부산지방법원 2017.08.31 2016나54480
사해행위취소등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The plaintiff, at the first instance court, sought a revocation of the fraudulent act and the cancellation of the ownership transfer registration against the defendant, and sought a preliminary implementation of the ownership transfer registration procedure based on the restoration of the real name. The first instance court dismissed the primary claim and accepted the preliminary claim.

As the defendant appealed, the object of the trial is limited to the conjunctive claim.

2. The reasoning of the judgment of the court of first instance, citing this case, is as stated in the reasoning of the judgment of the court of first instance except for adding “F’s testimony” as evidence that does not interfere with the recognition of a third party title trust, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the plaintiff's conjunctive claim against the defendant should be accepted on the ground of its reasoning, and the judgment of the court of first instance is justified on the ground of its conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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