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(영문) 부산고등법원 2018.12.06 2017나52798
추심금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for cases where the judgment was used as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the

2. The 3rd to the 15th parallel parallel of 3rd parallel of 14th parallel of 15th parallel shall be applied as follows:

F. On April 23, 2014, the Defendant prepared a written consent to change the name of the owner of a building stating that “The Defendant consented to the change of all rights to the present project in the name of the Defendant, and does not raise any objection against the subsequent civil or criminal charges,” from this offender.

(B) On June 23, 2014, the Defendant submitted it and obtained a modified approval for the housing construction project plan with the content that the project proprietor (the Defendant) and the project period are modified from the head of Busan Jin-gu.

4. 6 pages "(based on recognition)" is added to "B evidence 6 and the results of the fact inquiry to the head of the Busan Jin-gu Office of this Court."

The 5th parallel 15th parallel 10 to 20th parallel parallels shall be followed as follows:

B. Therefore, this case’s sales contract was concluded between G and I among the unauthorized Possessor without permission, and the fact that the Defendant stated in the written consent for change of the name of the owner of the building in question that “the right in progress is changed to the Defendant’s name” in the written consent for change of the name of the owner of the building in question, as seen earlier.

However, the facts acknowledged earlier and the statements in Eul evidence Nos. 1 through 3 (including each number) are acknowledged by the whole purport of the pleadings, namely, the defendant, who participated in the public sale procedure of Han Asset Trust Co., Ltd. which is a trust company, and purchased most of the project sites of this case. The plaintiff and the defendant, prior to entering into a sales contract for the land of this case with the plaintiff, and without permission on Oct. 22, 2014, should take a legal action such as an express lawsuit, without separate consultation.

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