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(영문) 창원지방법원 2019.06.27 2018나57060
소유권이전등기 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's lawsuit against the defendant C shall be dismissed.

3. The plaintiff defendant B.

Reasons

1. The reasoning for this part of the facts of recognition is the same as the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim against the defendant B

A. 1) Inasmuch as the authenticity of a sales contract for each of the instant real estate is recognized as to the establishment of the pertinent legal principles, unless there is any counter-proof, the court shall recognize the existence and content of the declaration of intent in accordance with the contents of the relevant document, and shall not reject it without reasonable explanation. However, even if a disposal document is a disposal document, if there is an express or implied agreement different from the contents of the agreement, it can be acknowledged that facts different from the contents of the agreement. In interpreting a legal act of an originator, it may be freely determined by free evaluation within the extent not contrary to the empirical and logical rules (see Supreme Court Decision 2006Da27055, Sept. 14, 206). In order to establish a contract, the agreement between the parties is required to be reached, and such agreement is not necessary with respect to all matters constituting the pertinent contract, but with respect to the essential or important matters, an agreement between the parties on the standards and method for which a seller may specify in the future, and the other party’s property right is not established.

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