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(영문) 인천지방법원 2019.08.30 2018나69441
가등기말소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is that the "Plaintiffs" in the fourth 18th 18 of the judgment of the court of first instance is "Plaintiffs", and that "application for modification of the claim and cause of claim of the counterclaim of this case" in the sixth 10th 10th am "application for modification of the claim and cause of claim of the counterclaim of this case as of October 4, 2018," respectively, and that the part of the sixth 13 to the same 16th am is identical to the reasoning of the judgment of the court of first instance except that the part of the first 16th am through the same 16th am as below. Thus

【The above conditional claims are based on the premise that the sales contract for the instant real estate was established, and the right to conclude the sales contract based on the provisional registration of this case had already ceased to exist in the way of the exclusion period. As such, it is not sufficient to acknowledge the fact that the Plaintiff and the Defendants agreed upon the final intention of the sale of the instant real estate with respect to the real estate by only the descriptions of the evidence Nos. 2 through 5 (including the paper numbers), and there is no other evidence to acknowledge it. Thus, the Defendants’ assertion on this part is without merit.

2. In conclusion, the judgment of the court of first instance is legitimate. Thus, all appeals filed by the Defendants against the principal lawsuit and counterclaim of this case are dismissed.

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