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(영문) 대전지방법원 2020.04.24 2018나109972
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and the reasoning of the judgment of the court of first instance concerning this case is as stated in the part of the grounds of the judgment of the court of first instance [2. judgment as to the claim against Defendant C], except for the modification of the grounds of the judgment of the court of first instance as follows and the addition of the additional judgment. Thus

Of the 17th and lower parts of the judgment of the court of first instance, Defendant B’s “Defendant B” is entirely changed to “Codefendant B of the court of first instance,” and “Defendant Company” to “Codefendant of the court of first instance,” and the 4th and 12th part of the judgment of the court of first instance changed to “the procedure for the registration of cancellation of ownership transfer registration of this case to Codefendant of the court of first instance,” and changed to “the procedure for the registration of cancellation of ownership transfer of this case and the procedure for the registration of restoration of the registration registration of cancellation of trust registration of this case, primarily, to D Codefendant of the court of first instance,” and “or H” cannot be added to “Defendant C,” and the 6th and 16 through 19th of the judgment of first instance cannot be seen as “the Plaintiff’s subrogation of the Defendant Company, if so, is without merit.”

2. Even if the Plaintiff’s additional judgment considered the evidence No. 13-1 and No. 41 added at the trial, it is insufficient to recognize that the Defendant or H actively participated in the act of breach of trust, such as double selling of the instant real estate by G, etc., and there is no other evidence to acknowledge this differently, the Plaintiff’s assertion is without merit.

3. If so, the judgment of the court of first instance is legitimate. Thus, the plaintiff's appeal and the conjunctive claim added in the trial are dismissed as it is without merit. It is so decided as per Disposition.

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