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(영문) 서울고등법원 2018.04.20 2016나2086808
소유권말소등기
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.

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasons for this court to be stated are as follows, in addition to the Plaintiffs’ assertion of supplement at the court of first instance, and the entry in the column of reasons for the judgment of the court of first instance is the same as the entry in the reasoning for the judgment of the court of first instance.

The judgment of the first instance court shall be amended by inserting the last "as recognized" of the 17th sentence of the first instance court, next to the following:

[The plaintiffs asserted that the apartment sale contract was concluded on July 2007, but the sample of the apartment sale contract (Evidence No. 26-9) submitted by the plaintiffs is not identical to the AE apartment supply contract (Evidence No. 5-1 through 14 of the evidence No. 5-1) and its form, and the contents are different, such as the deposit account of the purchase price, and the date explicitly stated in the AE apartment supply contract is recorded on September 10, 2015, and the apartment sale contract consistent with the plaintiffs' arguments is not submitted. In light of the above, it is difficult to recognize that the apartment sale contract was concluded on July 2007 only with the evidence submitted by the plaintiffs.] The sample of the apartment sale contract (Evidence No. 26-9 of the evidence No. 26-9) submitted by the plaintiffs was added to the "point" of the first head No. 5 of the first judgment of the

6) Articles 5 and 16 of the share agreement of this case provide that members shall pay contributions directly to the Si Corporation and pay such contributions to the Corporation as the revenues of the Si Corporation. Article 13 of the share agreement of this case stipulates that members shall bear interest on loans for moving expenses borrowed by the Si Corporation, and thus, the parties to the share agreement of this case claim that they are not the defendant Cooperatives but the members of the Si Corporation, notwithstanding the language of the agreement of this case.

However, in light of the provisions of Articles 5 and 13 of the instant equity agreement as follows, Article 5 of the instant equity agreement is between the Defendant and the Defendant Tae Il-il Construction.

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