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(영문) 서울서부지방법원 2017.09.26 2017나31382
손해배상
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence submitted in the court of first instance is deemed legitimate even if each evidence submitted in the court of first instance was presented to this court.

The reasons for the decision of this court are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, since the reasons for the decision of the court of first instance are the same as the reasons for the decision.

2. Parts in height:

A. The fourth 16th 16th c of the judgment of the first instance court is moving to “G”.

(b) from the fourth 20th to the fifth th st st st st st eth eth, the first 20th eth eth:

(k) On January 23, 2013, upon the application for auction by a new bank, which is a mortgagee, a non-mortgaged mortgage, a voluntary auction (Seoul Western District Court H; hereinafter “instant auction procedure”) was commenced regarding No. 401 and 403 after division. On April 25, 2017, the instant auction procedure was concluded, but the Plaintiff did not receive any dividend.

C. On the 8th seventh day of the judgment of the court of first instance, the phrase “the same as a multi-family house” is isolated as “the same as a multi-family house,” and the latter is deleted as “the 21st day.”

From the 10th 6th th th th th th 6th th th th th th th th th th th th th th th th th th th th st st st st st st st st st st st st

(e) from the 11st to the 18th sentence of the judgment of the first instance, as follows:

A. Although it is alleged that it is difficult to deem that the Plaintiff’s damage was caused on a conclusive basis because the instant auction procedure was not completed, the distribution of dividends in the instant auction procedure was completed and the Plaintiff did not receive any dividends at all, as seen earlier, the Defendants’ above assertion is rejected.

2. In conclusion, the judgment of the first instance court is legitimate, and all appeals by the Defendants are dismissed.

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