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(영문) 대구지방법원 2020.07.08 2019나323454

소유권이전등기

Text

1. All appeals by the Defendants against the Plaintiffs are dismissed.

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

Reasons

1. The fact-finding and judgment of the first instance court are justified even if the evidence submitted to the first instance court citing the judgment of the first instance is added to the evidence submitted to this court.

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the judgment as to the grounds for appeal by the Defendants under Paragraph (2) below, and therefore, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. The grounds of appeal by the Defendants are as follows: (a) although the Defendants delivered each of the instant reports (No. 1) to the seller of the shares in the forest of this case, whether they were delivered to the networkI is not accurately memory; (b) it is difficult for the parties to whom shares are to be given pursuant to the transfer agreement to be considered as the networkI.

② The Defendants’ obligations under each of the instant forms merely constitute an omission that prohibits the Defendants from selling 3,000 square meters in the cemetery site to a third party, and thus, the Defendants did not have the duty to return their shares.

(3) Even if the Defendants are obliged to transfer shares pursuant to a transfer agreement, the Defendants shall be paid the value of the shares.

④ If the Plaintiffs claim for the transfer of ownership of the cemetery site of 3,00 square meters pursuant to a transfer agreement, the relevant part shall be specified.

B. 1) Determination 1) Regarding the above argument, the following circumstances acknowledged by the evidence and the purport of the entire pleadings, namely, the Defendants, who are the Defendants of the NA, argued that they received each of the instant claims in the first instance court (see, e.g., the Defendant’s reply on Sept. 4, 2019; see, e.g., the Defendant’s assertion in the appellate court; see, e., the Defendant’s assertion in the appellate court; e., “I., cemetery site 3,00 square,” and the written text in the instant case contains the phrase “I., 3,000 square,” and the Plaintiffs, the heir of the network I, submitted the written text in this case as evidence.