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(영문) 서울고등법원 2013.02.07 2012재나969
청구이의
Text

The defendant (Plaintiffs for retrial) shall be dismissed.

The litigation costs for retrial shall be borne by the defendant.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case does not include false written consent from the plaintiff to the defendant that the plaintiff transferred to a limited company specializing in foreign currency reserve funds (hereinafter "foreign currency securitization company") the claims against the defendant for loans with collateral security against the defendant, and that the plaintiff did not participate in the real estate auction procedure, and submitted to the court of execution a false written consent to the effect that he/she would accept the acquisition of obligations with respect to secured debts with collateral security (hereinafter "cleardidididididididididididididididididididididididididididididididididididididididididididididididididididididididididididisisidis whose collateral security was decided to permit sale. Since the defendant did not have the right to lease the real estate after he/she acquired the ownership of the real estate, it cannot be deemed that the defendant suffered damages equivalent to the rent due to the submission of such written consent. Therefore, there is no claim for damages due to the defendant's illegal acts against the plaintiff expressed in the payment order in Seoul Central District Court case between the plaintiff and the defendant.

The defendant asserts that there exists a cause for retrial under Article 451(1)8, 9, and 10 of the Civil Procedure Act, and that there is a cause for retrial under Article 451(1)8, 9, and 10 of the Civil Procedure Act, and that there is an error of law by omitting judgment on the defendant's argument.

B. On the premise, 【Evidence” 1, A2, 3, A4-1, 2, 5, A6-1, 2, A7, 8, and 9-1, 2, A10-1, 2, A12, 19, 28, B1, and 2, and the purport of the whole pleadings.

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