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(영문) 서울고등법원 2018.08.16 2017나2060483
명의개서절차이행
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case citing the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the following changes, additions, and deletions, thereby citing it as is in accordance with the main sentence of Article 420

(A) The grounds alleged in the first instance court in the appeal by the Defendant are different depending on the contents alleged in the first instance court. However, considering the evidence additionally submitted by the Defendants in this court and the appraisal result by the appraiser K in this court as to the evidence No. 2, it is not different from the fact-finding and judgment of the first instance court. The alteration of “this case’s transfer and takeover contract” in Articles 1 and 2(excluding marks) of the first instance judgment to “this case’s transfer and takeover contract” (hereinafter “this case’s contract”).

The defendant in the fourth page of the first instance judgment shall be changed to "Defendant B".

Part 4 through 5 shall be deleted from Part 1 of the first instance judgment.

The judgment of the first instance court on the remainder of the claims shall be changed to “3.... judgment on the remainder of the claims” in the second sentence of the first instance judgment.

On the 5th page of the first instance judgment, “each description” in paragraph 9 shall be added to “whether this court’s appraisal results will be the result of the appraiser K.”

On the 6th anniversary of the judgment of the first instance, the following shall be added to the 17th sentence:

No. 4. The appraiser K of this Court appraised to the effect that “The instant contract is presumed to have been made up in 2006, and the upper part and lower part of the instant contract shall be deemed to have been made in the same and same time as written by the same pen.”

2. In conclusion, the plaintiff's claim against the defendant B and the claim for the transfer of title to the defendant company should be accepted within the extent recognized by the judgment of the court of first instance, and the remaining claims should be dismissed for lack of reasonable grounds. Accordingly, the judgment of the court of first instance that delivered the conclusion shall be dismissed

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