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(영문) 서울고등법원 2018.05.16 2017나2068241
부동산인도 등
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 reasoning for the judgment of the court of first instance cited in the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for dismissal or addition as follows. Therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure

[Supplementary or additional parts] The April 18th of the first instance court's decision to extend the "decision to extend" shall be deemed to be "extension."

After the 19th 19th 19th 19th 19 judgment in the first instance trial, the Plaintiff asserts that the instant contract cannot be recognized as having been authentic since the contents of the instant contract, such as the term of lease, deposit, rent, etc., are written voluntarily by filling out blanks on the part of the Defendant, after the signature of the Plaintiff and E was made. However, the circumstance that only the signature was made before the completion of the contract belongs to a different example, such as the circumstance that the principal contents of the contract were first written upon the completion of the contract, and thus, there is a need for reasonable grounds and indirect evidence to support the presumption of the authenticity as a completion document (see, e.g., Supreme Court Decision 94Da11590, Oct. 14, 194); and there is no other evidence to acknowledge this. The Plaintiff’s assertion is without merit).

2. If so, the conclusion of the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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