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(영문) 인천지방법원 2017.08.24 2016가단245028
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. Determination

A. Defendant B, C, D, E, F, G, H, J, and L do not have any evidence to acknowledge the Plaintiff’s assertion.

B. Defendant I and K did not appear on the date of pleading and submit a written reply and other legal brief even after Defendant I and K were duly summoned due to service by public notice. However, the confession pursuant to Article 150 of the Civil Procedure Act applies only to the other party’s actual assertion, and the legal judgment or evaluation of these facts is not subject to confession.

(See Supreme Court Decision 73Da907 delivered on October 10, 1973, and Supreme Court Decision 2000Hu1542 delivered on December 22, 2000). In this case, it is difficult to view that Defendant I and K, solely based on the Plaintiff’s assertion, is liable to implement the procedure for the transfer of ownership based on the return of unjust enrichment on the real estate stated in the purport of the claim to the Plaintiff, and there is no evidence to prove otherwise.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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