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(영문) 대구지방법원 2017.09.20 2017나301535
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except where the relevant part is modified or added (including attached Form).

2. Parts used or added;

A. Of the judgment of the first instance, the part of the judgment of the court of first instance, ① “178,00,000 won” in the part of the 3th 20th 20th , ② “Buyer” in the part of the 7th 17th , ② “seller” in the part of the 7th 17th , ③ “in the part of the 9th 14th ,” “in the part of the 10th 5th 5th ,” “in the part of the 10th 5th 5th 10 ,” “in the part of the 11th 3th 3th ,” and “the 11th 6th 6th ,” respectively.

B. Subsequent to the 7th page of the first instance judgment, the following is added.

“Fifth, a contract for a third party includes a contract that gives a third party a right, instead of simply awarding a right to a third party (see, e.g., Supreme Court Decisions 4289Da536, Mar. 16, 1957; 65Da1620, Nov. 9, 1965);

C. On the 9th page of the first instance judgment, the following is added.

"On the other hand, the defendant is a company established on August 22, 2014, and the agreement that comprehensively transfers all the rights relating to the implementation project of this case entered into between E.S. and D. on April 1, 2014, the previous transfer is null and void. Therefore, the comprehensive transfer agreement entered into between e.g., the substitute e., who did not acquire all rights relating to the implementation project of this case and the plaintiff is null and void. In such a situation, E.D. as the party to the sales contract of this case is already dissolved, and thus, the sales contract of this case is no longer effective.

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