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(영문) 광주지방법원 2018.04.06 2017나4672
부당이득금
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 reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following items between the 5th and 11th of the judgment of the court of first instance, and therefore, it is identical to the reasons for the judgment of the court of first instance. As such, it shall be cited by the main sentence of Article 420 of the Civil Procedure

In the event that the plaintiff asserts that the claim has not been constituted by the defendant, the plaintiff is liable to prove the fact of the cause of the claim to the defendant, and where the plaintiff claims that the claim has become null and void as a false declaration of conspiracy or has become extinct by repayment, the plaintiff is

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). In addition, the Notary Public Act provides that in order to secure the authenticity of the reported matters, prior to the preparation of a deed, the procedures, such as the confirmation of the client or his/her client and the certification of his/her power of attorney, etc., shall be followed, and then the participants shall sign and seal thereon. In light of the above, the probative value shall be denied without permission and the fact-finding contrary to the statement shall not be conducted, unless there is any evidentiary

(See Supreme Court Decision 94Nu2046 delivered on June 28, 1994, etc.). With respect to this case, the Health Board asserted that the Defendant’s claim against B on the instant Notarial Deed, which served as the basis of the assignment order, constitutes a false conspiracy and thus constitutes a false conspiracy and thus, the Plaintiff is liable to prove the facts that the claim of this case is invalid.

2. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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