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(영문) 대구지방법원 2021.02.18 2020나314388
구상금 등
Text

The plaintiff's claim that is changed in exchange from the trial is dismissed.

The costs of lawsuit after the trial are assessed against the plaintiff.

Reasons

1. The reasons why a party member of the court of first instance explains this case are as stated in the relevant part of the judgment of the court of first instance, except for adding or modifying the following matters, and thus, it is citing this as it is by the main text of Article 420 of the Civil Procedure Act.

On December 22, 2020, the court of first instance prepared a distribution list stating that the real estate of this case was rejected from the third party in the application for voluntary auction of RR real estate to the third party, and that on December 22, 2020, the court of auction distributed KRW 55,000,000 to the defendant who was the title holder of the third priority from the date of distribution to the third priority holder, and KRW 76,61 to the plaintiff as the title holder of the fourth priority holder, and the plaintiff raised an objection as to KRW 38,173,39 out of the defendant's dividends on the above distribution date.

“” shall be added.

Part 3 of the first instance judgment "each entry in Gap evidence Nos. 1 through 8" shall be changed to "each entry in Gap evidence Nos. 1 through 12".

Then, “The defendant is presumed to have been presumed to have been 13,” following the first instance judgment’s fifth page “The defendant, according to the plaintiff, barring any special circumstance, and the defendant and the first instance court co-defendant A on March 19, 2019 on the instant real estate. Therefore, the agreement to establish a right to collateral security is a dead act, and thus, it must be revoked and corrected according to the plaintiff’s objection as a restoration to its original state.

However, the defendant did not know that the defendant was unaware of the delegation of the conduct of the gambling.

Since the defendant's good faith defense is recognized, the presumption that the defendant was aware of the delegation of the defendant's act is reversed will be examined below.

“” shall be added.

3. Thus, the plaintiff's claim that is changed in exchange at the trial is dismissed as it is without merit. It is so decided as per Disposition.

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