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(영문) 서울고등법원 2017.09.15 2017나2015612
소유권이전등기
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Judgment as to the main claim

A. The reasons for the court's explanation concerning the primary claim by the court of first instance are as follows: "The witness" of No. 14 of the judgment No. 4; "No. 11 to No. 13; hereinafter the same shall apply); "the witness" of No. 5; "No. 11 to No. 13; and "the witness of the court of first instance" of the same 14; "the court of first instance" of the same 5; "the witness of the court of first instance" of the same 18; "the plaintiffs are deleted from "the fact that no. 1" of No. 6; and "No. 9, the witness statement of the above X," of the 6th 14th 15th ; "the witness statement of the court of first instance," "the witness testimony of No. 10 to No. 13 and No. 4 of the Civil Procedure Act shall be added to "the witness testimony of the court of first instance," and "the remaining witness testimony of the court of first instance shall be included with additional evidence No. 10 or evidence No. 4 of the trial.

B. As seen in the above cited part of the above cited part, it is difficult to believe X’s testimony of the witness of the first instance court, which seems consistent with the plaintiffs’ assertion that there exists the instant agreement, and even based on the written evidence No. 7-5, No. 9-11, and No. 13, and No. 14-16, and the written evidence No. 7-2, No. 7, No. 13, and the evidence No. 14-16, and the result of the party member’s personal examination upon the plaintiffs’ request, it is insufficient to recognize the existence of the instant agreement, and there is no other evidence to reverse the factual recognition or judgment of the cited part in this part, and the plaintiffs

2. Judgment on the conjunctive claim

A. On September 3, 2016, the Plaintiffs to determine the assertion are each of the instant real estate by Defendant C to the Plaintiffs.

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