logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.03.17 2020나314302
토지인도등
Text

1. The defendant's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

1. Even if the evidence submitted in the first instance court citing the judgment of the court of first instance shows the evidence submitted to this court, it is recognized that the facts of first instance and the judgment are legitimate.

Therefore, the reasoning of this court concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the modification as prescribed in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The amended part of the judgment of the first instance is amended to Gap evidence No. 1 and No. 2 "A" under the 3th page of the judgment of the first instance.

Even if the Defendant, as alleged by the Defendant, entrusted the ownership of the instant land to C, as alleged by the Defendant, even if the Defendant trusted the ownership of the instant land to a third party on the registry, the truster cannot assert that the said real estate was in his/her own lawsuit, and thus cannot acquire a business district subject to suspension under the premise that the said building and the land, which are the land of the same person, are the relics of the same person (see Supreme Court Decisions 93Da47318, May 23, 1995; 2003Da29043, Feb. 13, 2004). In addition, even if the right to collateral security under the name of H association, the top priority, was established on November 18, 2015, and the right to collateral security under D was not established at the time of the establishment of the instant land at the time of the creation of the mortgage on the instant land at the time of the creation of the mortgage on the land at the time of January 27, 2016.

Therefore, the defendant's assertion cannot be accepted.

The amendment is made to “.....”

3. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance is just in conclusion, and thus, the defendant's appeal is dismissed. It is so decided as per Disposition.

arrow