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(영문) 서울동부지방법원 2020.07.22 2019나30022
공유지분이전등기 등 청구의 소
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for adding or adding as mentioned below 2, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A part concerning addition or height;

(a) conduct Nos. 5, 2, and 6 of the first instance judgment, each “Defendant F” shall be raised to “Codefendant F of the first instance trial”, respectively;

B. Part 5 of the judgment of the first instance court, the Defendants were “Defendant,” and the part 7, 8 of the first instance court’s 7, 8, i.e., “A evidence 1 to 3-1, 2, 13-1, and witness N’s testimony” were “A evidence 1 to 3 (including each number), 13-1, i.e., witness N and M’s testimony,” respectively.

(c) Forms 15 and 16 of the first instance judgment “Defendant F and G” shall be applied to “Defendant F and Defendant G” in the first instance trial F and Defendant G.

On the 6th judgment of the first instance court, the “Defendant G’s right to collateral security” was applied to “Defendant G’s right to collateral security” with “Codefendant F of the first instance trial and Defendant G’s respective right to collateral security.”

(e) On 6th 15 and 16th 16th 16th 15 and 16th 16th 200, “The above facts recognized, evidence Nos. 4-1 to 6, each entry of evidence No. 8-11, and witness M’s testimony,” were “the above basic facts, Gap’s evidence No. 4-6 (including Serial number), Gap’s evidence No. 8-11, Gap’s evidence No. 14, Gap’s evidence No. 15, and the testimony of the witness M of the first instance trial.”

F. Part 6, No. 17 and 18 of the judgment of the court of first instance are as follows, "It is reasonable to see that O has completed the registration of ownership transfer in its future in excess of 1/8 of the land of this case as the registration of invalidity of cause."

“A reasonable ground exists to deem that the registration of transfer of ownership in the name of theO as to the portion exceeding 1/8 shares of each of the instant land is null and void because the presumption of transfer of ownership in the name of theO is broken.”

g. On the 6th judgment of the first instance court, “Defendant F and G” was “F and the Defendant F and the Defendant of the first instance trial.

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