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(영문) 대전고등법원 2017.07.13 2016나12449
소유권말소등기
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) is revoked, and that part is revoked.

Reasons

1. In the first instance court, the plaintiffs sought implementation of the procedure for registration of cancellation of ownership transfer registration with respect to Ei-ri land 2,46.5/5,300 shares, and ② claims for acceptance of the procedure for application of registration of cancellation of ownership transfer registration with respect to Fi-ri land and building 1/2 shares, ③ claims for payment of KRW 135 million and delayed payment damages therefor. The court of first instance rendered a judgment in favor of the plaintiffs on ① implementation of the procedure for cancellation of ownership transfer registration of Fi-ri land and building 1/2 shares among the above claims, and ② execution of the procedure for cancellation of ownership transfer registration of Fi-ri land and building 1/2 shares and performance of delivery and repayment thereof, and ② claims and ③ claims, respectively.

Since only the defendant appealed against the defendant in the judgment of the court of first instance regarding the above third claim, the scope of adjudication of this court is limited to the above third claim and the counterclaim that the defendant raised in the trial of the court of first instance.

2. On July 8, 2011, the reasoning for this part of the judgment of the court of first instance was that the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff on July 8, 201, setting the lease deposit of KRW 10 million, monthly rent of KRW 2 million, and the lease period of KRW 24 months from July 10, 201, and paid KRW 10 million to the Plaintiff on July 15, 201.

In addition, “A” is added to “A” and “the Defendant” in Section 9 of the same page is as indicated in the reasoning of the first instance judgment, except for using “A” and “Defendant A” in Section 2 of Section 4, “Fri building” as “the Plaintiff, “Ei land” as “A”, “Defendant A” in Section 5 of the same page as “Plaintiff A”, and “Defendant A” in the same page as “the Plaintiff”, and “Defendant” in Section 2 from below of the same page to “the Plaintiff,” and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. As to the part on the claim for payment of money in the principal lawsuit

(a)a party’s assertion;

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