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(영문) 울산지방법원 2019.11.14 2018나25618
소유권이전등기
Text

1. The part against Defendant E in the judgment of the first instance shall be modified as follows:

Defendant E shall be Ulsan to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant B, C, and D

A. The Plaintiff filed a claim for ownership transfer registration and monetary payment with respect to each 1/4 of the 1315 square meters of the 1315 square meters in Ulsan-gu, Ulsan-gu, U.S. P. The judgment of the court of first instance partly accepted the claim for ownership transfer registration, dismissed the remainder of the claim, and dismissed all the claim for monetary payment.

In this regard, the plaintiff appealed only on the claim for payment of money, so this Court's judgment is limited to the claim for payment of money.

B. The plaintiff citing the judgment of the court of first instance did not make specific arguments while filing an appeal, and the judgment of the court of first instance is justified even if the purport of the entire evidence submitted by the court of first instance and the court of first instance appears to be the purport of the whole

Therefore, the court's explanation on this part is identical to the reasoning of the corresponding part of the judgment of the court of first instance (from 7th to 18th of the judgment of the court of first instance). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. According to the conclusion of the lawsuit, the Plaintiff’s claim for monetary payment against Defendant B, C, and D is without merit.

2. Determination as to the claim against Defendant E

A. On January 23, 2016, the Plaintiff’s claim for registration of ownership transfer is determined as follows: (a) the fact that the Plaintiff entered into a sales contract with Defendant E by setting the sales price of KRW 92,510,00 for shares of KRW 661.2/16529, out of KRW 16529, G forest in Ulsan-gu, Ulsan-gu, Ulsan-do, as the purchase price for shares of KRW 16529, is either a dispute between the parties or may be recognized by the statement of evidence No. 24. Therefore, Defendant E is liable to implement the procedures for registration of ownership transfer for shares of KRW 661.2/16529, out of the size of 16529,000, out of the area of G forest in Ulsan-gu, Ulsan-gu, Ulsan-gu, and thus, Defendant E’s defense at the same time cannot comply with the Plaintiff’s claim until the purchase price is paid.

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