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(영문) 부산고등법원 2016.04.06 2015나5231
건축허가서 건축주명의변경등록절차이행
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the part concerning the plaintiff's re-claim determination as to the plaintiff's re-claim, which is stated between the 7th and 17th of the judgment of the court of first instance, and therefore, it is identical to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

“On the other hand, the Plaintiff asserted that the third performance angle of the instant case, drafted around May 16, 1995, on the part of H, I, J, K, and L, upon receiving the Defendant’s order, had the Plaintiff detained the Plaintiff for at least 12 hours and forced the Plaintiff to affix his signature and seal. Thus, the Plaintiff’s expression of intent contained therein was made through an act contrary to social order or constitutes an unfair juristic act. However, it is insufficient to recognize that the third performance memorandum of the instant case was made by coercion of H, etc., upon receiving the Defendant’s order (after the third performance memorandum of the instant case was made, the Plaintiff inflicted an injury, such as the Plaintiff’s finger, etc., on July 17, 1995, and the Plaintiff was treated on July 21, 195).

(3) The plaintiff's assertion is without merit, since there is no other evidence to acknowledge it.

2. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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