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(영문) 서울고등법원 2016.07.14 2016나2507
소유권이전등록
Text

1. All appeals by the Defendants are dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. The grounds for the court’s explanation concerning this case, such as the acceptance of the judgment of the court of first instance, are the same as the reasoning of the judgment of the court of first instance, in addition to the application of the relevant part as set forth in the following 2. Thus, it is acceptable to accept it as it is in accordance

2. Parts to be dried;

(a) 3rd page 4: “The rent without the lease deposit shall be KRW 300 million per annum (25 million per annum); and the deletion of the portion

B. On the fourth below, each of the instant real estates is modified to “the instant real estates”.

C. From the 6th 9th 9th 6th 6th 9th 6th 10th 6th 10th 6th 6th 6th 6th 6th 6th 6th 5th 6th 6th 6th 6th 6th 6th 6th 6th 5th 6th 6th 6th 6th 6th 14th 6th 6th 6th 6th 6th 6th 6th 14th 6th 6

D. In six pages 13, “may be recognized” may be modified as follows, and each description in Eul’s Evidence Nos. 19 through 24, 29, and 30 is insufficient to reverse it.

E. From 7th page 2 up to 7th page 7, “A reimbursement was made” up to 7th page 15,000,000 won on January 22, 2009, and the total of KRW 90,000,000 on February 23, 2009. The Defendants paid to the Defendants KRW 50,000 on March 16, 2009, KRW 160,000 on April 3, 2009, KRW 150,000 on May 15, 2009, KRW 50,000 on June 2, 2009, and KRW 650,000,000 on June 2, 2009.

(f) 7 pages, on the following five pages, the following modifications are kept:

(A) The Defendants asserted that Defendant C, who is in fact operating Defendant B alone, was in operation, and that the Plaintiff would help Defendant B prepare the account books, but there is no evidence to acknowledge this. Thus, the Defendants’ assertion is rejected).

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