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(영문) 인천지방법원 2016.03.30 2015나58020

소유권이전등기절차이행

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

The reasoning for this Court’s explanation concerning this case is as follows, and the reasoning for this Court’s reasoning is as stated in the reasoning of the judgment of the first instance, except for the following additional determination as to the argument that the Plaintiff made in the trial of the first instance: (a) and (b) of the reasoning for the judgment of the first instance; and (b) therefore, it is determined to accept this as

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

【Supplementary Use】

A. ① Under the instant contract, the number of urban housing 4 through 8 is determined as C’s share in the instant contract, ② the sales business in the instant contract shall be determined by mutual consultation and may be pre-sale under consultation. ③ In the instant contract, the Defendant completed the registration of ownership transfer to each purchaser, even though D had concluded a sales contract with respect to the 19 households belonging to C’s share among urban housing types, and the Defendant’s seal attached to the instant contract is the same as the Defendant’s seal affixed to the said 19 unit sales contract. In light of the same, D’s authority to conclude the sales contract with respect to the portion C out of urban housing types of the instant case.

However, it is invalid to conclude a sales contract with D on April 17, 201, by using the Defendant’s seal without the Defendant’s consent, when it provides as security part of the urban-type housing of this case from Q, H, and I during the process of the instant construction project, and borrowing construction funds, upon request from the Defendant, the Defendant’s seal impression is affixed, or the Defendant’s letter of undertaking or agreement stating the Defendant’s signature is delivered to creditors (No. 4 through 6).