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(영문) 수원고등법원 2020.12.09 2020나20063
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the judgment identical to that of the judgment of the court of first instance as to the assertion that the court emphasizes as the ground for appeal

It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiff’s assertion is sufficient to prove that the Defendant obtained a favorable judgment by deceiving the court in the preceding lawsuit, taking into account the following circumstances, etc. after the judgment in favor of the Defendant became final and conclusive in the preceding lawsuit of this case where the Defendant sought the cancellation of the ownership transfer registration of this case against the Plaintiff, and thus, the Defendant is liable for tort

1) In the first instance court of the prior suit, H made a testimony consistent with the Plaintiff’s argument that all the documents required for the registration of ownership transfer on the land of this case were prepared in accordance with the Defendant’s will. Upon the Defendant’s complaint, H was indicted for perjury in relation to the aforementioned testimony and became final and conclusive not guilty. The Defendant made a false statement for the purpose of undermining H from the first instance court of the criminal case of perjury against H, thereby making a false statement, and did not grant H as above. 2) In addition, the Defendant asserted that in the prior suit, the real estate of this case was acquired as the Defendant’s proprietary property, and that there was no reason to donate it to the Plaintiff.

However, in the case of a claim for the return of legal reserve of inheritance filed against the plaintiff by another punishment system including the defendant (hereinafter the defendant et al.), the defendant was recognized as having been donated the real estate of this case to the plaintiff.

According to this, the defendant's argument in the prior suit was false.

B. 1) After the judgment of a prior suit became final and conclusive, the first instance court was convicted of perjury in a criminal case against H (U.S. District Court Decision 2016Da386 decided Feb. 3, 2017; 2015Da386 decided Feb. 3, 2017).

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