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(영문) 인천지방법원 2018.02.01 2016나64060
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance is as follows: “No legal requirement exists” (Article 7 of the evidence of the court of first instance; “The plaintiff’s obligation under the agreement of November 5, 1983 was not fulfilled on the part of the plaintiff and E pursuant to the agreement of November 5, 1983, and the part of the first floor of the building of this case is transferred in lieu of the repayment of the obligation; and the plaintiff’s claim for ownership transfer registration of the building of this case against E was filed; however, it is recognized that the lawsuit was dismissed for an unspecified reason of the claim, and it is not possible to ascertain whether the claim for the agreement for payment in kind of G was genuine, and as long as the above store was not transferred to G, payment in kind for the obligation of KRW 10 million is not made; thus, the same shall apply to the case where the plaintiff’s obligation under the agreement of November 5, 1983 was not fulfilled).” Thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

Even if the evidence examined by this court was presented, it is difficult to change the facts and judgments recognized by the first instance court.

The plaintiff's appeal is dismissed for lack of reason.

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