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(영문) 서울서부지방법원 2018.04.26 2017나38109
소유권말소등기
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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.

2. The costs of appeal shall accrue from the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for a change or an additional determination as follows, and thus, it is acceptable in accordance with the main sentence

2. The changed portion of the judgment of the first instance, "Seoul Mapo-guO" in the fourth part of the judgment of the first instance is changed to "Seoul Mapo-gu AD".

3. The Defendants (including Defendant D; hereinafter the same) asserts that, unlike the fact that the judgment of the court of first instance recognized the price of the instant share sales contract as KRW 200,000,000, the said price was limited to KRW 25,000,000 and filed an application for registration of transfer by reducing the purchase price.

However, in full view of the fact that the price of the sales contract of this case, which was the same day as the sales contract of this case, is 270 million won as it is true (see evidence 42-3 of this case), and the evidence submitted by the Defendants alone is insufficient to deem that Defendant E paid KRW 25 million as the price of the sales contract of this case to Defendant E, the above assertion cannot be accepted.

4. Conclusion, the first instance judgment is justifiable.

All appeals by the Defendants are dismissed for lack of reason.

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