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(영문) 서울고등법원 2017.09.15 2016나2066453

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation concerning this case is the same as the statement of the judgment of the court of first instance except for the following parts written or added. As such, the court's explanation concerning this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or added parts] Forms 13 and 14 of the 2nd judgment of the court of first instance (hereinafter “instant land”) shall be written as “each real estate listed in the attached Table 1 (hereinafter “instant land”)”, and “each real estate listed in the attached Table 1 list (Seoul Gwangjin-gu, Seoul, was 126.3 square meters, which was divided into each real estate listed in the attached Table 1 list, June 3, 2014; hereinafter “each of the instant land” shall be written as “the instant land”).”

In the second place of the judgment of the court of first instance, "each real estate listed in the attached Table 2 (hereinafter referred to as "the building in this case")" and "each real estate listed in the attached Table 2 list (the real estate owned by the plaintiff and the multi-household house in the heading room in Seoul Special Metropolitan City, Gwangjin-gu, which is owned by the defendant, was constructed on the ground of 128.9m2 of the attached Table 1, whichever the ownership transfer registration was completed in the future of the defendant." This is composed of each real estate listed in the attached Table 2 list owned by the plaintiff and the building owned by H consisting of 201, 301, 401, and 501, which are owned by the plaintiff; hereinafter referred to as "the building in this case").

Part 5 of the first instance judgment "No. 21-7, No. 1-1, No. 2-1, No. 2-1, and No. 1-2 of the first instance judgment" and subparagraph 1-1 of the second instance judgment "No. 1-1, No. 2, and No. 3-1 of the evidence No. 1. The following shall be added to the 8th instance judgment following the 16th instance judgment. In addition, for the purpose of being called a building as an independent real estate, the minimum columns, roof, and main walls shall be constructed (see, e.g., Supreme Court Decision 2000Da51872, Jan. 16, 201). No. 8-17 and No. 18 of the first instance judgment "No. 15-2", "No. 15-2 of the evidence No. 15-2, and No. H testimony shall be made by the witness of the first instance judgment."

Court Decision 8.1