지분소유권이전등기
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasons why this Court shall explain this part of the facts of recognition are the same as the part of "1. Facts of recognition" in addition to the fact that "the decision was made" was made at the fourth 16th 1 of the decision of the court of first instance, and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff’s assertion is obligated to implement the registration procedure for ownership transfer to the Plaintiff with respect to the Defendant’s share in the instant commercial building so that the Plaintiff can succeed to the legal authority regarding the instant apartment building based on the instant asset acquisition agreement.
3. Determination on this safety defense
A. In accordance with the Defendant’s decision of recommending reconciliation, the Plaintiff renounced all the claims under the instant agreement, and thus, the Plaintiff’s claim for the implementation of the procedure for the registration of transfer of ownership of the instant commercial building in accordance with the instant agreement is unlawful as it goes against the validity of the said decision of recommending reconciliation.
B. The decision on the recommendation for reconciliation of this case includes the provision that "the plaintiff and the defendant waives all their claims (including income tax, etc. to be borne by the defendant) other than the mediation clause of this case with respect to the agreement on the recommendation for settlement of this case," and the fact that the decision on the recommendation for settlement of this case became final and conclusive as is is above.
In full view of all the evidence and the purport of the entire arguments as seen earlier, it is reasonable to view that the Plaintiff’s claim for ownership transfer registration of the instant commercial building is also included in the Plaintiff’s claim against the Defendant for ownership transfer registration of the instant commercial building.
① The instant asset acquisition agreement includes the duty to transfer ownership on one apartment commercial building in the instant case.
② On the subject matter of the instant case, a settlement recommendation case concerning the share in commercial buildings.