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(영문) 서울동부지방법원 2014.12.19 2014나2039
배당이의
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

A. In addition to the purport of the oral argument, the purport of the oral argument is as follows: ① “Delegation of authority related to the change of the purpose of use by floor of H building to the ordinary general architect office: (a) written consent to change the purpose of use (Evidence A5-3) was made in the name of the defendant on February 11, 2009; (b) C entered into a design agreement with the architect I of the general architect office around February 2, 2009; (c) C sent to the Busan District Deposit Bank Co., Ltd. on March 2, 2009 the document called “building project-related lease, change of purpose of use, etc.”; and (d) the above document was intended to lease the real estate as shown in Appendix 1 in relation to the K building project. In addition, the changed purpose of use (Class A-2 neighborhood living facilities (sports facilities); (b) consent fee of KRW 300,000; (c) deposit money of KRW 200,300,200,320,3000.

However, the statement of Gap evidence 5-1 to 3, Gap evidence 6, the first instance court's judgment, Samsung Mutual Savings Bank Co., Ltd., Gab Savings Bank, Hyb Savings Bank, Hyb Savings Bank, Hyb Savings Bank, e.g., defendant and other related companies, including the defendant, testified that the above "cases such as lease related to the K building project, change of use, etc." were sent to the defendant, but the above documents are only six banks such as the K building project, Busan, and the defendant, the consignee, is not included in the above documents.

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