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(영문) 창원지방법원 2020.10.22 2019나59094
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except where the defendant adds the following “2. Additional Judgment” to the assertion that the defendant emphasizes or adds to this court, and thus, it is identical to the reasons for the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article

2. Additional determination

A. The defendant's assertion that the plaintiff completed the registration of ownership transfer based on the invalid registration is null and void since the transfer registration of ownership completed by F on August 2, 2007 with respect to the apartment of this case was made by F by I, rather than a legitimate representative of H Co., Ltd. (hereinafter "H"), the person liable for registration, and the registration of ownership transfer made in sequential order is null and void. Thus, the plaintiff's claim based on the premise that F is the owner of the apartment of this case is groundless.

However, comprehensively taking account of the overall purport of Gap's evidence Nos. 1, 6, 7, and Eul evidence Nos. 1 through 4 (including the number of branch numbers), and the whole arguments, F has been awarded a contract with J (hereinafter "J") on Nov. 24, 1998 and completed the remainder construction of D apartment construction, H has acquired assets and liabilities related to D apartment construction from J on Apr. 14, 2001; H has taken over the assets and liabilities related to D apartment construction from H on May 30, 201; H has notified the F of the receipt of the obligation to pay the construction cost to H on Aug. 31, 2001; H has promised to pay it by the transfer of ownership to HF on July 12, 2007; H has requested the KF to pay it by the transfer of ownership to HF on its own claim for reimbursement of the construction cost; HF on the basis of the transfer of ownership to H on July 27, 2007.

According to the above facts, F is an apartment of this case in lieu of the repayment of the construction cost claim against H.

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