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(영문) 부산고등법원 2017.09.06 2016나53626
소유권이전등기
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 court of first instance’s explanation concerning this case is as stated in the reasoning of the judgment, except where the following items are used or added by the court of first instance, and thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 3 7 through 9 "On the other hand, there is only two parts" as follows.

In the meantime, the Plaintiff did not assert or prove the contents of the articles of incorporation regarding the general meeting convening procedure even before the date of the closing of argument in the instant case, and it is not sufficient to recognize that the Plaintiff passed a resolution of the general meeting of the members complying with the procedures of the articles of incorporation in order to bring the instant lawsuit only with the descriptions of the evidence Nos. 8 through 12 (including each number number), and there is no other evidence to acknowledge this otherwise. The part of the “SP” following the 4th page 13 is added

On the other hand, the plaintiff asserts that the third party's letter of delegation of lawsuit in the name of the defendant was prepared by stealing the name of the defendant, and the defendant did not delegate his power to represent the lawsuit, and that the litigation conducted by the defendant's attorney at the first instance and the trial of this case is invalid

The fact-finding results by the Defendant, including the first instance court's testimony on September 8, 2015, the first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's second instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's second instance court's first instance court's second court's first instance court's second court's first instance court's second court's second instance court's second judgment's second court's second judgment's second court's second judgment's second court's second judgment's second judgment's second judgment.

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