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(영문) 서울중앙지방법원 2020.04.23 2019나37075
사해행위취소
Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The plaintiff's assertion in the trial of the court of first instance is not significantly different from the argument in the court of first instance, and the judgment of the court of first instance is just even if all evidences are comprehensively examined and re-written.

Therefore, the reasoning for this Court concerning the instant claim is as follows, except for the addition of the judgment under the following 2. Paragraph 2 to the claim selectively added in the trial among the conjunctive claims, and therefore, the reasoning for this case is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that the judgment on the additional claim is based on the ownership of real estate indicated in the separate sheet No. 2, which was owned by C, and that the title trust is terminated by the service of a preparatory document as of March 31, 2020, and that the defendant seeks the implementation of the procedure for ownership transfer registration against C by subrogation, but the evidence submitted by the plaintiff alone is insufficient to acknowledge the above assertion, and there is no other evidence, therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the judgment of the court of first instance is just and reasonable, and there is no reason to make any additional claim in the trial, and all additional claims are dismissed in the plaintiff's appeal and the trial court. It is so decided as per Disposition.

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