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(영문) 서울고등법원 2016.06.14 2015나2064146

소유권이전등기

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 grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, part of the judgment of the first instance court shall be deleted or cut as follows:

2. He/she shall delete " August 1, 2014" of 11, 5 pages 11 of the part of the first instance court that was deleted or altered.

In the 5th judgment of the first instance court, the term " August 20, 2014" was " around September 2014 (the date of each contract under each sales contract is deemed to have been concluded on August 20, 2014 or on September 2014)" in the 13th judgment.

Once the judgment of the first instance court is rendered, the following 7 to 8 pages 6 (=the part of paragraph 4) shall be added as follows:

4. Determination as to the claim against the defendant B

A. On June 17, 2014, Defendant B promised that “I will receive the bid of each of the instant real estate in the future of Defendant B and transfer ownership to the Plaintiff upon the Plaintiff’s performance of the instant sales contract,” and Defendant B also consented thereto. Thereafter, Defendant B, who was awarded the bid of each of the instant real estate on July 17, 2014, agreed to cooperate with the Plaintiff on July 17, 2014 that “I would cooperate with the registration of ownership transfer to the person who is instructed by I because the actual right holder of each of the instant real estate is I.” (A-1).

In addition, according to the overall purport of the statements and arguments made by Gap 10, 11, and 21 (including branch numbers), Defendant Eul paid the remainder of the sale of each real estate of this case to the plaintiff on July 17, 2014 and around July 17, 2014, and discussed about the transfer of ownership of each real estate of this case to the plaintiff after paying the remainder of the sale of each real estate of this case with N, the plaintiff Eul paid the remainder of the sale to the plaintiff on July 25, 2014, and the fact that the plaintiff Eul consulted on specific conditions on the transfer of ownership of each real estate of this case with N is recognized.

B. However, in light of the following circumstances, the aforementioned evidence and the statement Nos. 1 and 10, which can be seen by comprehensively considering the overall purport of the pleadings.