(영문) 창원지방법원 2014.12.09 2013나588 | 리걸엔진

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(영문) 창원지방법원 2014.12.09 2013나588

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Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the Defendant (Appointed Party).

3...

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: (a) the evidence additionally submitted by the court of first instance, which is insufficient to recognize the defendant’s assertion, is insufficient to exclude each description of evidence No. 12 or No. 18; and (b) the part of the reasons for the judgment of the court of first instance, except for addition or modification of some statements as follows; and (c) thus, they are cited by the main sentence of Article 420 of the Civil Procedure

2.In addition, the following shall be added to the sixth 11th of the judgment of the first instance:

m. AE died on July 14, 2013 during the proceeding of the trial, and jointly succeeded to the respective 2/11 shares of the deceased AE’s wife BG, the Defendant (Appointed Party), the Appointed Party, BH, BI, and BJ, respectively.

3. The amendment to the portion of the first instance court’s amendment to the “AR” under the 5th sentence shall be amended to the “AU”.

Article 13 of the Court Decision No. 11 of the Court Decision No. 13 of the Court Decision No. 11 of the 11 shall be amended to "Before February 23, 1993".

From 11 up to 12 degrees 11 to 3 of the decision of the first instance shall be amended as follows:

Therefore, since the instant complaint indicating the intent to terminate the Plaintiff’s title trust terminated the title trust relationship by serving the designated parties with K, AC, AD, and the network AE, the aforementioned designated parties and the network AE have the duty to express each of the claims to the Plaintiff as to the right to withdraw the deposit and pay the Plaintiff, and to notify each of the claims to the Republic of Korea. Among them, the net AE’s above obligations are jointly inherited by the Defendant (Appointed Party), the appointed parties, BG, BH, BI, BI, and B as the net AE dies, and the Defendant (Appointed Party) and the appointed parties, BG, B, B, and BJ have the duty to notify each of the above claims assignment to the Plaintiff according to their respective shares of inheritance.

4. Thus, the judgment of the first instance is legitimate.

참조조문

-민사소송법 제420조

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