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(영문) 부산고등법원(창원) 2014.12.18 2012나5806
청구이의
Text

1. Revocation of a judgment of the first instance;

2. Each of the plaintiffs' claims is dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The reasons why this court should explain this part of the facts of recognition are as follows: (a) add “F” to “F” following the third 6th F of the first instance judgment; (b) add “F” to “J”; (c) add “F” to “J”; and (d) add “B” to the fourth 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 1

F. Meanwhile, D was indicted for committing a crime of deceiving the Defendant as Busan District Court 2014Hun-Ma508 and making the Defendant waive the claim based on the No. 1 and No. 2 authentication No. 1 and 2 of this case, thereby having the Plaintiffs acquire financial benefits. On August 7, 2014, D was convicted of fraud at the Busan District Court, and was sentenced to one year and six months of imprisonment. D’s appeal is currently pending in the appellate court as Busan District Court 2014No2813.

2. The parties' assertion

A. The plaintiffs' assertion that the agreement of this case is as follows: ① the defendant transferred claims of KRW 200 million based on D's E Office No. 477 of 2008, ② D's claim of KRW 100 million and interest claim of KRW 30 million against D's claim of KRW 30 million against D and interest claim of KRW 30 million against D's claim of KRW 30 million, and each of the above claims against D's claim of KRW 100 million against D's claim of KRW 100 million on behalf of the defendant, and D transferred each of the above claims to D's claim of KRW 100 million against the defendant's first and second notarial deeds to extinguish claims against the defendant's claim of KRW 100 million on the defendant's notarial deeds. As long as D fulfilled all obligations to the defendant in accordance with the agreement of this case, compulsory execution based on the No. 1 and 2 of this case shall be denied.

B. The defendant's assertion is as follows.

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