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(영문) 대법원 2015.02.12 2014다62091
배당이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

In light of the fact that the Plaintiff’s seal and seal affixed to the pre-sale contract, which is the basis document for the provisional registration of this case, and the Plaintiff’s judgment against the Defendant was rendered in a lawsuit seeking cancellation of provisional registration filed against the Defendant, the lower court determined that it is difficult to deem that the Plaintiff prepared documents necessary for the establishment of the provisional registration of this case without knowing the existence of the secured claim of this case or the meaning of the provisional registration of this case.

Upon examining the records in light of the relevant legal principles, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by failing to exhaust all necessary deliberations or by misapprehending the principle of pleading and by misapprehending the legal principles on the burden of proof

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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