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(영문) 부산지방법원 2018.06.20 2017나46875
지분이전등기
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The scope of the judgment of this court against the defendant and prosperity Association for the execution of the procedure for the registration of ownership transfer for each share of the plaintiffs as to the land listed in Paragraph (1) of the annexed Table No. 1 (hereinafter "the land of this case"), and the building listed in Paragraph (2) of the same Table (hereinafter "the commercial building of this case") against the prosperity Association for the execution of the procedure for the registration of ownership transfer for each share of the plaintiffs as to the land of this case and the commercial building of this case. The first instance court accepted the claim for the execution of the procedure for the registration of ownership transfer for some share of the plaintiffs, and dismissed the claim for the execution of the procedure for the registration of ownership transfer for the remaining share of the land of this case. Accordingly, the scope of the judgment of the court of first instance is limited to the part of the claim for the registration of ownership transfer for each share of the plaintiffs as to the land of this case, except for the addition of the following decision as to the matters asserted by the defendant in the trial of the court of first instance (excluding the part of this case).

A. The grounds of appeal are as follows: (1) The Defendant: (a) the sales price was not completed for the instant commercial building; and (b) the sales price was not paid for the said commercial building; (c) the confession at the court of first instance is against the truth and due to mistake; (b) the confession at the court of first instance is effective as a revocation of confession; and (c) although the instant commercial building has been registered as a sole name in the prosperity conference, it is null and void by registration that is not consistent with the substantive relations; and (d) the Defendant is the owner of the instant commercial building;

Judgment

The first instance court's first instance court's preparatory date for pleading, etc., and the plaintiffs are among the commercial buildings of this case.

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