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(영문) 대전지방법원 2017.06.15 2016나107118
소유권이전등록
Text

1. Of the judgment of the court of first instance, the part against the defendant concerning the claim for payment, such as entrusted management expenses, shall be revoked;

Reasons

Basic Facts

The facts acknowledged by this court as to this part are the same as the "1. Basic Facts in the judgment of the court of first instance" in addition to changing "Defendant B" to "Codefendant B of the judgment of the court of first instance" in Article 420 of the Civil Procedure Act.

Judgment

According to the above facts as to the claim for the acquisition of transfer of ownership registration procedure, since the contract of this case was lawfully terminated due to the delivery of a copy of the complaint of this case to the defendant on September 1, 2015, the defendant is obligated to accept from the plaintiff the transfer of ownership registration procedure due to the termination of the contract of this case.

On the other hand, with respect to the claim for the payment of the entrusted management expenses, the plaintiff is a person who has no money to receive any more than the amount of money by receiving both the entrusted management expenses not paid by the defendant and the administrative fines and penalty surcharges to be borne by the defendant on the first day

Therefore, this part of the plaintiff's assertion is without merit.

In conclusion, the part of the plaintiff's claim for the acquisition of the transfer of ownership among the plaintiff's claims is justified, and the part of the claim for the payment of entrusted management expenses such as the above entrusted management expenses is dismissed as there is no ground. Since the part of the judgment of the court of first instance concerning the claim for the payment of entrusted management expenses such as the above entrusted management expenses, the part of the claim for the cancellation is revoked, and the remaining appeal

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