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(영문) 부산고등법원(창원) 2020.07.16 2019나12636
소유권이전등기
Text

The judgment of the first instance is modified as follows.

[Defendant (Counterclaim Plaintiff), DB, DI, DE, DF, DG, DH, DJ, DJ, DK, DL, DM] 1.

Reasons

1. The reasoning of the judgment of the court of first instance cited or added as follows, and except for the addition of the judgment of the plaintiff to the argument that the court of first instance made by this court as set forth in paragraph (2), it is identical to the part of Chapters 5, 10, 12, and 15 of the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Attached 1 through 4 of the judgment of the court of first instance, and attached 1 through 13 of this judgment shall be replaced by attached 1 through 9 and attached 1 through 10 of this judgment, respectively.

Article 19 of the judgment of the first instance court provides, “The same shall apply to the entry in the instant real estate” in Part 5 of the judgment of the first instance to “The registration of establishment of each collateral on the registration date of restriction on rights in the attached Table 5 of the registration date of restriction on rights was cancelled on each date indicated on the cancellation date of the same Table (However, as shown in the above Table, each collateral on Defendant DC and D real estate remains on the date of the closing date of the argument in this case).”

On the seventh day of the first instance judgment, from the tenth day below, "Defendant DB, DI, DC, D, D, D, DE, DF, DG, DH, DH, DJ, DK, DK, DL, and DM" are "Defendants".

Under the 7th judgment of the court of first instance, the following acts are deemed to be "(based on recognition) without dispute, Gap's 1 through 4, 19 through 28, Eul's 2 through 7 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings."

In the 8th judgment of the first instance, the attached Table 3 of the 19th judgment shall be attached to the attached Table 4.

From 11th to 12th to 15th to 11th to 11th of the first instance judgment are as follows.

(A) The Defendants removed from their own real estate as seen earlier, but solely based on these facts, the Defendants performed the duty of delivery.

It cannot be deemed that there was a provision for the performance of the duty of delivery, and shall be notified to the Plaintiff that the Defendants retired from each real estate.

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