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(영문) 대구지방법원 2017.10.19 2017나301719
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. All the plaintiffs' claims expanded by this court are dismissed.

3...

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the following parts of the court of first instance which open or add the text of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. On the 5th page 5, 5 to 6, the witness K’s testimony is the witness of the first instance trial as “K’s testimony.”

B. Part 6, Part 4 (B) (hereinafter “ judgment on the claim for damages against Defendant C” is dismissed or added as follows.

B. Judgment on the claim for damages against Defendant C 1 1) 1) (A) The Plaintiffs’ claim grounds for the damages claim 1) 2. The instant real estate ground telecom (hereinafter “instant telecom”).

() In order to undergo a completion inspection, Defendant C provided the Plaintiffs with documents necessary for the change of the name of the owner of the franchise of this case. Defendant C did not provide the Plaintiffs with the above documents. As from November 21, 2015, the Plaintiffs were unable to operate the instant cartel for 200 days from November 21, 2015, which was able to start the business after undergoing a completion inspection for the instant cartel, until June 8, 2016, and thus, Defendant C was unable to operate the instant cartel (i.e., KRW 2,414,840,00 x 00 x 0.0 x 0.0 x 0.0 x 0.0 x 0.0 x 0.65 x 200/365 hereinafter “damage 1

Therefore, Defendant C is obligated to pay damages to the Plaintiffs each amounting to KRW 42,886,50 (=85,773,000 x 1/2) and delay damages. (2) In order to undergo the completion inspection of the instant telecom, Defendant C provided the Plaintiffs with documents related to the division of real estate in the instant case, and Defendant C did not provide the Plaintiffs with the said documents. Thus, from November 21, 2015 to March 17, 2016, Defendant C cannot operate the instant telecom for 118 days, from which it had been able to undergo the completion inspection of the instant telecomcompeting.

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