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(영문) 인천지방법원 2016.11.22 2016나2239
약정을원인으로한 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 reasons for the court’s explanation concerning this case are as stated in the corresponding part of the judgment of the court of first instance, except for modification or addition of judgment as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Article 4-1 to 2 of the judgment of the court of first instance on the part of the amendment and addition are as follows: “The plaintiff, a beneficiary, expressed his intent to make profits by filing a claim for the registration of ownership transfer on the land of this case with the defendant,” and Article 4-1 to 2 of the judgment of the court of first instance stating that “The plaintiff, a beneficiary, received not only all documents necessary for the registration of ownership transfer from the defendant immediately after the conclusion of the contract of this case, but also filed the lawsuit of this case against the defendant, who is a weak person, seeking the implementation of the procedure

In Chapter 5 of the decision of the court of first instance, the testimony of the witness G of the court of first instance is not sufficient to admit that D or F, by itself, deceiving the defendant about the circumstances concerning the relationship of lease of the commercial building of this case, or that the relationship of lease exists in the commercial building of this case at the time of conclusion of the contract of this case, as the conditions for the formation of the contract of this case, and that there is no other evidence to acknowledge it.

Part 7 of the decision of the first instance court shall be amended to "D".

No. 19 of the decision of the first instance court shall be amended by inserting the following:

In addition, the Defendant agreed to transfer the ownership of the instant commercial building from D around January 2014, which was after the conclusion of the instant contract, to the Defendant without any condition to exclude the terms and conditions of the original contract of this case.

“The commercial building’s ownership was transferred regardless of the contract of this case, and thus, the above performance letter was presented.

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