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(영문) 서울남부지방법원 2020.05.14 2019나59125
가등기말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if all the evidence submitted in the court of

The reasoning of the judgment of the court of first instance is as follows: "The plaintiff filed an appeal on the ground that the provisional registration of this case was false provisional registration or D was interfering with another person's request for purchase in collusion with the defendant and I on August 30, 2017 (2016Ra547). The Daejeon District Court re-appealed the plaintiff on December 1, 2017 (2017Ma1290), but the Supreme Court dismissed the reappeal on December 1, 2017 (2017Ma1290). I paid in full the proceeds of sale 7,7960,000 won on January 15, 2018, after deducting the expenses of auction from the above proceeds of sale, and distributed 1/2 of the remaining amount after deducting the expenses of auction from the above proceeds of sale, which corresponds to 1/5 of the judgment of the court of first instance / [the ground for recognition] / [the defendant's request for consolation money and 4th of the judgment of the court of second instance.]

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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