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(영문) 대전고등법원 2016.11.02 2016나13909

소유권이전등기

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The grounds for the court's explanation concerning this case are as follows: the part concerning "order" of No. 12 of the judgment of the court of first instance as "claim"; the part concerning "certificate" of No. 14 of the second judgment as "a special agreement (hereinafter "the special agreement of this case")"; the part concerning "self-liability" of No. 12 of the third part as "a person's own obligation pursuant to the special agreement of this case"; the part concerning "in the case of sale, donation, lease, exchange, change of purpose of use, offering as security" of No. 14 and No. 15 of the third part as "in the case of sale, donation, rent, exchange, change of purpose of use, offering as security, etc., permission of the competent administrative agency shall be obtained"; the part concerning "this part" of No. 6 of the judgment of the court of first instance as "in this case's agreement with understanding about delay in the implementation of the special agreement of this case, it becomes null and void" as stated in the judgment of the first instance.

2. Conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

(However, among the defendant's indication part of the first instance court's decision, "F of the representative" is clear that it is a clerical error of "F of the representative director", and such correction is corrected).