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(영문) 부산고등법원 2008. 10. 9. 선고 2008나3770 판결
[소유권이전등기등][미간행]
Plaintiff and appellant

Plaintiff 1 and six others (Law Firm L&A, Attorneys Kang Chang-ok, Counsel for the plaintiff-appellant)

Defendant, Appellant

Defendant 1 and one other (Attorney Kim Do-young, Counsel for the defendant-appellant)

Conclusion of Pleadings

September 4, 2008

The first instance judgment

Busan District Court Decision 2007Gahap3127 Decided December 13, 2007

Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

(1) The part against the Defendants of the judgment of the court of first instance shall be revoked. (1) In the first instance, Defendant 1 shall pay to Nonparty 2 the amount of KRW 900,00,000 and the amount calculated at the rate of 20% per annum from the day following the delivery of the copy of the application for correction of the purpose of the claim of this case and the cause of the claim of this case to the day of full payment. Defendant 1 shall carry out the procedure for ownership transfer registration on the ground of the restoration of the true name with respect to the 60/100 shares among the buildings listed in the attached Table 2 of the judgment of the court of first instance, and Defendant 2 shall carry out the procedure for ownership transfer registration on the 35/100 shares of each of the real estate listed in paragraphs 1 and 2 of the same list as to the 35/100 shares of this case from the day following the date of delivery of the copy of the application for correction of the claim of this case to the day of full payment.

Reasons

The reasoning of the court's reasoning concerning this case is as follows: ① 4 of the first instance court's decision is as follows: ① 4 of the plaintiff's 1 and the deceased non-party 1 (hereinafter only referred to as non-party 1); 10 of the 4th 10, 6th 8, 7 below; 3, 9th 4 and 13 of the 11th 4th 12 below; 3, 12th 10 and 4 of the 13th 13th ; 6th 12 of the 6th 12th 6th 12 of the 10th 7th 1st 7th 7th 7th 10; ② The plaintiff 2 of the 10th 1st 6th 12th 2th 2th 2th 10th 1st 6th 1st 6th 1st 2th 2th 2th 2th 16th 1st 2th 1st 16th 1st 2th 3.

Therefore, the part against the defendants in the judgment of the court of first instance is justified, and the plaintiffs' appeal is dismissed as all without merit.

Judges Han-soo (Presiding Judge)

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