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(영문) 서울동부지방법원 2016.06.24 2015나7109
자동차소유권이전등록
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. In the first instance trial, the Plaintiff filed a principal suit by combining the procedures for ownership transfer registration and the acquisition of transfer registration and the claim for damages. The Defendant filed a counterclaim by combining the sale price return, the amount equivalent to repair expenses, and the claim for damages arising from the cancellation of the sales contract. The part on the claim for damages in the principal lawsuit was dismissed, only the claim for transfer of ownership was accepted, and the claim for counterclaim was

Since only the defendant filed an appeal, only the part on the claim for registration of transfer of ownership and the claim for counterclaim are within the scope of the judgment of this court.

2. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of “each entry” in the third page of the judgment of the court of first instance to “each entry or image”, and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Among the plaintiff's principal lawsuit, the claim for taking over the transfer of ownership registration procedure among the plaintiff's principal lawsuit is justified, and the defendant's counterclaim is dismissed since all of the defendant's counterclaim is without merit.

The judgment of the court of first instance is just in conclusion, and all appeals filed by the defendant on the principal lawsuit and counterclaim are dismissed as it is without merit. It is so decided as per Disposition.

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