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(영문) 대전고등법원(청주) 2019.01.09 2018나3176
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 judgment of the court of first instance cited by the court of first instance is the same as the part against the defendant among the reasons of the judgment of the court of first instance, except for the rejection of some of the facts as stated below, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance concerning the argument that the defendant violated the good faith principle, i.e., 2nd half to 14th half of the judgment of the court of first instance, i.e., e., 2nd half of the 11th half to 4th half of the 14th half of the 14th n.e., the part concerning the argument that the defendant violated the good faith principle is as follows. ii) Even if the plaintiff's association of the plaintiff's assertion terminates the period for application for parcelling-out, the plaintiff granted trust to the defendant by expressing a public opinion that he can be subject to cash settlement by withdrawing the application for parcelling-out before the conclusion of the contract for parcelling-out, but the plaintiff is not in progress for a considerable period of time after obtaining the approval

Nevertheless, the claim of this case seeking a prior implementation of the procedure for ownership transfer registration against the plaintiff with respect to the real property owned by the defendant is not permissible against the concept of justice because it is against the trust that the plaintiff provided to the defendant as above.

B. Examining the following circumstances in light of the following legal principles, it is difficult to deem that the Plaintiff issued an official opinion to the Defendant an additional opportunity to withdraw the application for parcelling-out through the association president’s statement, and that the Plaintiff did not implement the procedures for concluding a contract for parcelling-out or give the Defendant an additional opportunity to withdraw the application for parcelling-out without giving the Plaintiff an opportunity to withdraw the application for parcelling-out.

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