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(영문) 서울고등법원 2017.02.16 2016나2035565
소유권말소등기
Text

1. Of the judgment of the court of first instance, the defendant against the part of a monetary claim exceeding the next payment order.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the pertinent part of the judgment of the first instance is modified as stated in the following 2; and (b) it is identical to the reasoning of the judgment of the first instance except to supplement or add the judgment as stated in the following 3. Therefore, it is acceptable in accordance with the main sentence of Article 420

2. Revised parts

A. The 3rd to 3rd real estates “each of the instant real estates” was modified as follows: (a) the real estate listed in [Attachment List 2] is “the instant building”; and (b) each of the real estate listed in the [Attachment List 2] is collectively named “each of the instant real estates.”

B. The Defendant’s judgment on this case’s defense of 2.3 additional 5 pages 2. The Defendant asserts that the instant lawsuit was unlawful since the instant lawsuit was not filed based on the genuine intent of A, not on the basis of A’s genuine intent. The Defendant’s assertion is not sufficient to acknowledge that the Plaintiff filed the instant lawsuit against A’s will, and there is no other evidence to acknowledge otherwise. The Defendant’s assertion is without merit.

(c) modify 5 pages “2” to “3”;

D. 18,00,000 won for the fifth 11st 5th 11st 11th 14,000 as follows was already returned to the lessee, and the remainder 118,00,000 won was based on a lease agreement that the Defendant entered into without the authority of the deceased to act on behalf of the deceased.

(e) revise the 5th, 14, 18th, and 6th, “instant paragraph 1” to “written claims”, respectively;

F. 2,315,530 won (i.e., medical expenses7,850,380 won after September 27, 201) + Funeral expenses of KRW 4,405,150 + Charnel expenses of KRW 5,500,00 + KRW 4,560,000 for the repair cost of the instant building, and KRW 2,00 (hereinafter referred to as “debt”).

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(g) modify “B” of six pages to “III,” respectively, and “470,700,000 won” to “493,015,530 won.”

(h) 7 10 pages “B” following:

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