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(영문) 대전고등법원 2016.08.26 2014나3342
소유권지분이전등기절차이행
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiffs' primary claims are dismissed.

3.In addition, a new trial shall be added.

Reasons

1. The reasons why this Court shall explain this part of the facts of recognition are as follows, and this part of the judgment of the court of first instance is the same as the corresponding part of the reasons for the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

On August 28, 2014, after the judgment of the court of first instance was rendered, the following was added to the “registration of transfer of ownership” (hereinafter “the instant registration of transfer”). On August 28, 2014, E filed a lawsuit against the Defendant for cancellation of the registration of transfer of ownership of this case (hereinafter “instant registration of transfer”) with the Suwon District Court Decision No. 2014Ga3049, Suwon District Court Decision No. 2014, Jun. 3, 2014, the first instance court rendered a judgment of first instance, stating that “The Defendant purchased 1/2 shares of the instant building from the Plaintiff (E) and completed the registration of transfer of ownership of this case, but did not pay the remainder of the purchase price.”

(The instant case was transferred to the Daejeon District Court and proceeded with Daejeon District Court 2014Gahap6859, and hereinafter “instant lawsuit seeking cancellation of registration”). On November 20, 2014, conciliation was concluded to the effect that “the Defendant shall implement the procedure for cancellation of ownership transfer registration of this case to the Plaintiff (E) by November 30, 2014,” and accordingly, the instant registration of ownership transfer was cancelled on May 26, 2015.

The plaintiff's assertion 2. The plaintiff is primarily sought against the defendant the implementation of the procedure for ownership transfer registration as to 1/4 shares of the 1/2 shares in the defendant's name concerning the building of this case in accordance with the agreement of this case, while the defendant bears the duty to implement the procedure for ownership transfer registration as above against the plaintiffs according to the agreement of this case, although the defendant bears the duty to implement the procedure for ownership transfer registration as mentioned above, E and E are subject to the procedure for registration cancellation.

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