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(영문) 부산고등법원 2018.12.06 2017나56004

소유권이전등기절차이행

Text

1. All appeals by the Defendants (including the appointed parties) are dismissed.

2. The costs of appeal are assessed against the Defendants.

Reasons

1. The reasoning of the judgment of the court of first instance is that the defendants and the defendant (appointed parties) are additionally submitted in this court, and the defendants and the defendant (appointed parties) are not fully aware of their arguments, and each part of the witness Y and Z in this court's testimony is rejected. The part of the judgment of the court of first instance is reversed or added as follows: the defendants (including appointed parties) added or emphasized part of the judgment as stated in the judgment of the court of first instance; and the defendants (including appointed parties) added or emphasized part of the judgment of first instance as stated in the judgment of the court of first instance, except for the addition of the following "3. Additional Judgment" as to the assertion that the court of first instance added or emphasized, this part of the judgment of the

2. The portion to be removed or added by Defendant B, C, G, H, I, D, E, and F: The portion of the judgment of the court of first instance “assumed” and Defendant J shall be deleted.

On the fourth part of the judgment of the first instance, the following shall be added to the 16th part.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 3, and 4, the Plaintiff entered into the instant sales contract with R on May 15, 2003, and the Plaintiff’s designation of R and Defendant (Appointed Party) around June 17, 2003. Accordingly, the Defendants and the Defendant (Appointed Party) sold each of the above land to X around December 199, and R sold each of the above land to X around May 15, 2003, and the Plaintiff again purchased each of the above land from X on May 15, 2003. However, the Plaintiff’s sales contract was not concluded with the Plaintiff. However, the Plaintiff’s testimony on the evidence Nos. 4-1, 2, and 1, 3, and 3, and part of the testimony of witness witness at this court is insufficient to conclude the sales contract with the Plaintiff and the Plaintiff under No. 1, 1, 3, following the conclusion of the first instance judgment.

C. Accordingly, the Plaintiff is entitled to each of the shares of 1/8 square meters in 33 square meters prior to K in Gangseo-gu Busan Metropolitan City.