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(영문) 수원지방법원 2017.09.12 2016나68342
소유권이전등기말소등기절차이행 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420

(2) In light of the above, the conciliation clause of this case argues that "if the plaintiff delays the payment of part of the amount of payment, it shall include the case where the plaintiff pays all the amount of payment including damages for delay prior to the date of payment of the last installment even if the payment was delayed, the plaintiff's payment of the amount of payment is in excess of the amount of the claim at the time of the conciliation clause." Thus, it is inconsistent with the proviso of Paragraph (1) that "if the conciliation clause of this case is delayed the payment of the amount of payment, it shall not be deemed that it does not clearly indicate the meaning of the statement as to the effect of the delay of the payment of the amount of payment, and it shall not be deemed that it does not constitute a case where the meaning of the statement as to the effect of the delay of the payment of the amount of payment is not clearly expressed, and in light of the circumstances of this case, the plaintiff's claim is without merit).

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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