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(영문) 창원지방법원 2018.03.21 2017나55845
소유권이전등기
Text

1. The plaintiff's appeal is dismissed

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

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment of the plaintiff’s assertion as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The Plaintiff asserts that the extinctive prescription of a claim for damages caused by embezzlement, etc. was interrupted by the instant lawsuit. As such, it is apparent in the record that the Plaintiff filed a claim against the Defendant on October 31, 2016 against the Defendant for transfer agreement or ownership transfer registration based on the restoration of real name on December 13, 2006 regarding each of the instant real estate. However, such circumstance alone is difficult to deem that the interruption of the extinctive prescription due to a judicial claim as above extends to a claim for damages arising from a tort for which the Plaintiff claims the interruption of the extinctive prescription, and there is no other evidence to prove otherwise.

The plaintiff's assertion on this part is without merit.

2. In conclusion, the plaintiff's primary and conjunctive claims should be dismissed as they are without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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