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(영문) 광주고등법원(제주) 2015.07.15 2014나1258
지분 소유권확인 등
Text

1. In accordance with the preliminary claim that was changed in exchange at the trial, the Defendant is a limited liability company C, and the Plaintiff and the Defendant.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the part concerning this case, except for the following parts:

(C) In light of the allegations and evidence added in the trial, the fact finding and judgment of the court of first instance shall not be different even if we consider the allegations and evidence added in the trial). [Article 16 to 17 of the judgment of the court of first instance shall be deemed different] [Article 16 to 4 of the judgment of the court of first instance, “A defendant has the obligation to transfer the instant shares to the plaintiff as restitution following the cancellation of the transfer contract of this case. Therefore, the defendant has the obligation to notify C of the purport that the transfer contract of this case has been cancelled, as it is restitution following the cancellation of the transfer contract of this case.” In the judgment of the court of first instance, the part of the original judgment of the court of first instance changed as follows to the following, the share of this case shall be returned to the plaintiff, and further, the defendant bears the obligation to notify C of the purport of cancellation, with the purport that the transfer contract of this case should be restored to the plaintiff due to the cancellation of the transfer contract

3) Therefore, the defendant is obligated to notify C of the purport that the transfer contract of this case was rescinded.

2. Thus, the plaintiff's primary claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is decided to accept the conjunctive claim that has been changed in exchange for exchange at the court of first instance, and it is so decided as per Disposition.

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