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(영문) 대전고등법원 2019.09.19 2018나15008
소유권이전등기말소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The Plaintiff (Appointed Party) added by this Court is selected.

Reasons

The reasoning for the court’s explanation of this case is as follows: (a) the part concerning the reasoning of the judgment of the first instance is identical to that of the judgment of the court of first instance, and (b) the part concerning the allegation that the plaintiff had made in this court, as stated in paragraph (2) and paragraph (3). Thus, it is acceptable as it is by the main text of

(1) The grounds for appeal by the Plaintiff are not different from the allegations in the first instance trial, and even if all the evidence submitted by the first instance court and this court are examined, the first instance judgment rejecting the Plaintiff’s assertion is justifiable). Of the grounds for the first instance judgment in the part of the first instance judgment, “Plaintiff A, “,” “ ,” “ ,” “ ,” “ ,” “ ,” “ ,” “ ,” “ ,” and “ ,” respectively, “ , “ ,” “ ,” and “ ,” written by the Defendant and “ ,” “ ,” “ ,” “ ,” and “ ,” written by the Defendant and “ ,” “ ,” and the Defendant E, “ ,” respectively, and Defendant 12 “Defendant E” in the part of the first instance judgment in the same case.

Of the grounds of the judgment of the first instance, the part on “2. Judgment on the claim against Defendant E” (section 6.12 to 7.8 of the judgment of the first instance) shall be deleted, and the part on “3.”, “4.” shall be respectively referred to as “2.”, and “3.”

No. 9 of the first instance judgment, "No. 22 through 24" of the second instance judgment shall be applied to "No. 22 through 24, No. 8-3-3," respectively.

On the other hand, the plaintiff asserts that "the interest on the above loan was paid by the defendant, as seen later, to the extent that the interest on the loan was paid by the defendant." On the other hand, the plaintiff asserts that "the principal on the claim added by the court of first instance (the second party contract title trust relation) is the primary selective assertion on the claim added by the court."

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