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(영문) 대구고등법원 2019.01.17 2018나22887
손해배상(기)
Text

1. The defendant's appeal and the plaintiffs' incidental appeal are all dismissed.

2. The appeal shall be made by an incidental appeal; and

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is that of the court of first instance citing the reasoning of the judgment as to the instant case, since it is identical to the ground of the judgment of the court of first instance excluding adding or adding a part of the following. Thus, this is acceptable in accordance with the main sentence

2. The following shall be added to the 8th page "no evidence exists" in the part added or written by the court of first instance:

Considering the following circumstances, Article 6(3) of the instant parcelling-out contract concluded by the Plaintiffs on the grounds that the Plaintiffs did not raise any objection against the delay in the transfer of ownership, it is difficult to deem that the transfer of ownership was delayed due to the inevitable circumstances, such as natural disasters, administrative orders, other administrative dispositions, and civil petitions, which are not attributable to the Defendant.” The 9th six pages of the first instance judgment “instant land” was used as “the land of this case 2 was partitioned from the land of this case 2 to “the land of this case (the land of this case was divided into the land of this case, hereinafter “the land of this case 2”)” and the land of this case was changed into “the land of this case 10, 11, 13, 14, and 21 each “the land of this case 2” as “the land of this case 2.”

The following shall be added to the 9th sentence of the first instance judgment, 18th sentence “not taken”.

Considering the period during which the Defendant delayed the necessary measures after the above judgment became final and conclusive, even if there was a need to take certain time to divide the land No. 2 from the mother land of the land No. 2 of this case and to prepare a new registry and cancel the registration of chonsegwon established by mistake, as alleged by the Defendant, such circumstance alone is insufficient to deem that there is no negligence on the part of the Defendant in delay in the procedure for registration of preservation of ownership of this case. The following is added to the 12th 16th 12 of the judgment of the first instance.

The registration procedure for the preservation of ownership of the apartment in this case was delayed.

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