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(영문) 의정부지방법원 2016.01.22 2015나11831
소유권이전등기말소 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Nos. 1 to 3" in Part 3 of Part 3 of the judgment of the court of first instance is as follows: "Nos. 1, 2-1, 2-3 of the evidence No. 3 (the plaintiff asserts that the document was forged, but no evidence exists to acknowledge it)"; as to the plaintiff's assertion in the trial of the court of first instance, the judgment as to the same part of the judgment of the court of first instance is as stated in Part 2-B of the judgment of the court of first instance.

The reasoning of the judgment of the first instance is the same as that of the part of the judgment, except for the addition to the end of the paragraph, and it shall be quoted as it is by the main sentence of Article 420

【Additional Determination Part】 Even if the Plaintiff was deemed to have donated each of the instant 1 and 2 real estate to the Defendants, the Plaintiff asserts to the effect that the said gift should be revoked as a defective juristic act, inasmuch as it was erroneous due to the Defendants’ deception.

The facts stated in Gap evidence Nos. 5 and 6 alone are insufficient to acknowledge that the plaintiff expressed his/her intent of gift concerning the case Nos. 1, 2, and real estate in the status of error caused by the defendants' deception, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

2. Thus, the plaintiff's claim of this case shall be dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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