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(영문) 부산고등법원 2020.06.17 2019나55494
배당이의
Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The defendant's main reason for appeal citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted by the court of first instance

The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition as follows. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or added parts] The 6th 5th 5th m "S" was referred to as "S corporation," and the 13th m "the 17th mal was used," respectively, and the 17th m "the mal was lent the money to "T" to "The malinae-type LAS Co., Ltd., which was lent the money to "The malina-type," respectively.

8 The following shall be added to 16 parallels:

3) The defendant asserts that the notarial deed of this case is valid, since the defendant as a voluntary litigant led to the preparation of a notarial deed on behalf of the obligees of this case, not where Article 6 of the Trust Act is applied by analogy.

In a lawsuit on property rights, it is not allowed in principle to delegate the relevant lawsuit to a third party, in principle, the subject of the right to manage and dispose of the rights or legal relations which are the subject of the lawsuit.

However, the principle of representation by attorney under Article 87 of the Civil Procedure Act or the prohibition of a litigation trust under Article 6 of the Trust Act is not a law to avoid the principle of prohibition, etc., and where reasonable grounds for recognition thereof exist and necessary, exceptional and limited permission may be granted. The entrusted management company or the council of occupants' representatives entrusted with the management of an aggregate building, or the managing member granted the authority to execute the affairs of an association by

Supreme Court Decision 95Da35302 Decided November 28, 1997; Supreme Court Decision 2014Da87885, 87892 Decided December 15, 2016; Supreme Court Decision 95Da35302 Decided November 28, 199; Supreme Court Decision 201Da8892 Decided December 15, 201

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