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(영문) 부산지방법원 2015.09.24 2014나16149
배당이의
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 reasons why the court should explain concerning this case are the same as the part of the judgment of the court of first instance, except for the addition of the judgment of the defendant to the judgment of the court of first instance as to this case. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of

【Supplementary Judgment】

2. The Defendant’s assertion and determination that the Plaintiff’s attachment of the instant real estate (No. 401) sign constitutes a violation of the good faith or an abuse of rights. G knew that it was 401 and completed the registration of the establishment of chonsegwon. The Defendant acquired the registration of the establishment of chonsegwon from G. The Defendant asserted that the Plaintiff’s filing of the instant lawsuit while disputing the validity of the registration of the establishment of chonsegwon constitutes an abuse of rights.

It is insufficient to recognize that the Plaintiff attached a 402 door tag to the instant real estate, 402 No. 401 on the sole basis of the witness H’s testimony, and there is no other evidence to deem otherwise.

In addition, since G entered into a lease agreement with D and actually resided in the real estate of this case, the defendant's assertion is interpreted to the purport that even if there is no real right agreement or registration with regard to the real estate of this case (No. 401), it should be recognized as a real right. The defendant's above assertion violates the provisions of Article 185 (Legal Principle of Real Rights) and Article 186 (Requirements for Establishing Real Rights) of the Civil Code, which is a mandatory law, so the defendant's assertion in this regard is not acceptable.

3. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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