(영문) 부산지방법원 2020.09.24 2020나41719

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(영문) 부산지방법원 2020.09.24 2020나41719

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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 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 even if the evidence submitted by the court is reviewed in addition to the evidence submitted by the court, the fact-finding and judgment in the court of first instance are deemed legitimate.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the first instance, except for those written in the following Paragraph (2). Thus, this court's reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the third page of the judgment of the court of first instance, the part written by the plaintiff, the defendant, and the other co-owners are "the plaintiff and the other co-owners" respectively.

The first to the second to the second to the second to the second to the end of the first to the following.

Finally, 2806/2710 shares were held. Specifically, the Plaintiff changed 8630/2710 of its own shares to 8630/2710, to 725/2710 of 6160, to 6162/2710 of E, to 6160/2710, and to 89/2710 of 610 of 27110, to 6160/27, and to 89/2710 of 2710 to each Defendant."

No. 4 of the judgment of the court of first instance, "24681/2710" was added to "26341/2710 (=2806 6031 17504)" as "271/2710."

Section 4 of the judgment of the first instance court, Section 2 of Section 4, "as planned," shall be applied to "as planned."

If the judgment of the court of first instance No. 5, No. 10 (1) of the judgment of the court of first instance is deemed to have acquired ownership through legitimate procedures and causes, the person who is registered as the owner of the following real estate is presumed to have acquired ownership (see, e.g., Supreme Court Decision 2007Da90883, Apr. 24, 2008). The fact that the registration was based on title trust is based on the title trust bears the burden of proof to the claimant (see, e.g., Supreme Court Decision 2007Da9083, Apr. 24, 2008). ‘

참조조문

-민사소송법 제420조

참조판례

-대법원 2008. 4. 24. 선고 2007다90883 판결

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