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(영문) 서울고등법원 2017.06.16 2016나2085850
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The part concerning "the plaintiff" in the first instance court's 4, 21, 5, 1, and 2 shall be changed to "the defendant", and the part concerning "the plaintiff" in the 15th and 2nd to 4th shall be changed to "the defendant", and the part concerning "the plaintiff" in the 16th and 8th of the first instance court's 8th of the first instance court's 16th of the 16th of the 16th judgment shall be identical to the part concerning the defendant among the grounds of the judgment

2. Since there is no effect in a case where a person who forged documents that form the cause for the change (as to the 15th 2nd 2nd 15th 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 4th 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 20

Therefore, as seen earlier, the Plaintiff has a claim for damages arising from a tort against Co-Defendant A in the first instance trial, and the above claim for damages is the creditor subrogation lawsuit of this case.

3. The defendant asserts that the additional part (as of September 1, 2015, the 16th 8th eth eth 8th eth eth eth eth eth eth eth eth eth eth e

The plaintiff asserts that the defendant's above assertion is a means of attack and defense against time limit.

The court may dismiss the petition in a case where it is found that the method of attack or defense which was submitted late at the time of the parties’ intention or gross negligence is likely to cause delay in the conclusion of the lawsuit (Supreme Court Decision 2016Da22837 Decided December 29, 2016), and it cannot be deemed that the completion of the lawsuit in this case was delayed due to the Defendant’s aforementioned assertion.

Therefore, the above argument by the plaintiff cannot be accepted, and the defendant's argument is against the above argument.

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