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(영문) 서울고등법원 2016.12.23 2016나2043559
소유권이전등기등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Quotation of the first instance judgment

A. The reasoning for the court’s explanation on the instant case is as follows, except for dismissal or addition as follows, from 16 to 11 of the judgment of the court of first instance. Thus, the reasoning for the court’s explanation is as stated in the main sentence of Article 420 of the Civil Procedure Act.

B. The “principal defendant” en masse as “Defendant.”

C. The following is added between 8th and 8 of the judgment of the first instance.

The purport of the instant conciliation is to limit the Plaintiff’s right to claim for ownership transfer registration (i.e., shares - 43.6/1130.9 shares - shares - 43.6/1130.9 shares - the Plaintiff’s right to claim ownership transfer registration (i.e., shares - 43.6/1130.9 shares - 43.6/1130.9) on the premise that ownership of shares 43.6/11309 shares registered in the name of the Plaintiff at the time shall continue to exist in the Plaintiff as they were, as they were recorded in the pertinent registration.

Then, Article 2 of the conciliation protocol of this case argues that it is only a judgment on the factual relations of the adjudication division unrelated to the subject matter of the prior case, and thus, it is unnecessary to grant the same effect as that of the final and conclusive judgment or to detain the subsequent

However, mediation is established upon entering the matters agreed between the parties in the protocol, and the mediation protocol has the same effect as a final and conclusive judgment, such as a protocol of settlement in court, and has the same effect as a protocol of settlement in court, so if the mediation is established between the parties, the rights and obligations relationship based on the previous legal relationship, is extinguished, and a new rights and obligations relationship according to the contents of the mediation is established. If the case is referred to the mediation while the procedure is in progress

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