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(영문) 대구지방법원 2020.02.19 2019나313310
소유권이전등록
Text

1. All appeals filed by Defendant (Counterclaim Plaintiff) D and Defendant E are dismissed.

2. The appeal costs.

Reasons

1. The first instance court rendered a judgment dismissing the counterclaim claim filed by Defendant D Co., Ltd. (hereinafter “Defendant D”) for the implementation of the procedures for registering the transfer of ownership by the Plaintiffs.

The judgment of this court shall be limited to the plaintiffs' claims on the merits because only the defendants appealed against the claims on the merits.

2. The court's explanation on this part of the facts of recognition is the same as the reasons for the judgment of the court of first instance, except for the deletion of the part of the judgment of the court of first instance No. 6 (hereinafter "Defendant D"), and therefore, it refers to the same part as the reasons for the judgment of the court of first instance.

3. The assertion and judgment

A. 1) The Plaintiffs’ assertion 1) The instant land entry agreement is in the form of a mixture of title trust and delegation, and the Plaintiffs may terminate the instant land entry agreement with the said person and the Defendants in the position of the title truster, and may seek implementation of the procedures for registration of transfer of ownership on the grounds of termination of the instant land entry agreement. 2) The Defendants’ assertion that the instant land entry agreement has not expired, and the instant land entry agreement has not been terminated, and the provisions regarding the termination of the instant land entry agreement stipulate that the land entry agreement may be terminated by notifying the land owner to the land owner when there are certain grounds, while the land entry agreement provides that the land owner may terminate the instant land entry agreement.

B. 1) Determination of the relevant legal principles

(i) the name of the trucking transport business entity (hereinafter referred to as the “branching company”);

The trust shall vest the ownership and the right to manage the operation in the company to which the ownership and the right to manage the operation belong, and the ownership shall be within the country.

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