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(영문) 서울고등법원 2019.05.17 2018나2055419
소유권이전등기 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the basic facts is the same as the entry of “1. Basic Facts” in the judgment of the court of first instance, except for the following parts, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In Forms 15 and 16 of the judgment of the first instance court, "the plaintiffs concluded each contract of this case with respect to each real estate listed in the separate sheet No. 1 as shown in the separate sheet No. 2 as follows."

On August 28, 2009, the Plaintiff leased the real estate listed in the attached list (hereinafter “Plaintiff-Lease apartment”) from Defendant C (hereinafter “Plaintiff-Lease apartment”) by setting the deposit deposit of KRW 496,200,000, monthly rent of KRW 620,000, and the lease period of KRW 5 years.

(hereinafter “instant contract”). On the fourth sentence of the first instance judgment, the next fourth sentence to the fourth sentence are followed by:

3) Defendant C completed the instant apartment on January 201, 201. Around January 21, 201, the instant contract was amended to increase the lease deposit to KRW 558,200,00,00, and the Plaintiff moved into the Plaintiff’s apartment house within the period designated for occupancy. The Plaintiff appears to have moved into the Plaintiff’s apartment house during the period designated for occupancy. The “this time” set forth in Chapter 7 of the first instance judgment is deemed to be “the instant case.” On the 8th page 16 of the first instance judgment, Defendant C appealed as follows: “The appeal was lodged against this, and is still pending in the appellate court (Seoul High Court 2017Nu44840). However, the appeal was dismissed (Seoul High Court 2017Nu4840). Accordingly, the final appeal is final and conclusive (Supreme Court 2019Du38069).

In the first instance court's decision, "Plaintiffs," not more than the first instance court's decision, are collectively referred to as "Plaintiffs and the first instance court's co-Plaintiff B."

On the 9th judgment of the first instance court, not more than 12 of the 9th judgment "this court" shall be referred to as "the first instance court" collectively.

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) The instant special agreement clause provides for the instant claim for ownership transfer registration based on the sales contract with Defendant C.

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