부동산소유권이전등기
1. The plaintiff's defendant as added in the litigation and trial against the defendant D, whose exchange was changed in the trial.
1. In full view of the legal nature of the Plaintiff’s lawsuit against Defendant D, which was changed in exchange at the trial court, ex officio, and the purport of the entire argument as to the evidence submitted, Defendant D may establish the facts of death on or around June 199, which was before the instant lawsuit was filed. As such, the Plaintiff’s lawsuit against Defendant D against the deceased is unlawful as it was against the deceased.
2. The purport of the claim in a civil lawsuit against the defendant Republic of Korea, added in the trial, should be specifically specified so that the content and scope of the claim can be clearly identified. The part of the lawsuit against the defendant Republic of Korea added by the plaintiff in the trial is not specifically specified, and thus, the purport of the claim is not specified, and thus, seeking the preparation of the building register and the execution of the registration procedure against the above defendant cannot be deemed a subject of civil lawsuit. Thus, this part of the lawsuit is unlawful.
3. Determination as to the remainder of the Plaintiff’s remaining claims against the Defendant Republic of Korea, which was changed in exchange at the trial
A. From around 1968, the Plaintiff’s assertion E occupied the above part of “1” and “2” portion of “198 square meters,” and the acquisition by prescription on July 1, 198 was completed.
The Plaintiff purchased from E in September 1998 the part 43 square meters in “a” and the part 198 square meters in “bbb”.
E As of July 21, 2004, the portion inherited by Defendant B and C as his heir is 1/2.
Therefore, with respect to the Plaintiff, Defendant D is obligated to implement the registration procedure for transfer of ownership on July 1, 1988 with respect to the portion of “1” as above, and the part of “2” as above on the 198 square meters, respectively.
B. According to the evidence submitted, the Plaintiff filed the same claim against the above Defendant as Seoul Central District Court 2008Gahap100898, and the above court dismissed the Plaintiff’s claim on September 20, 201, and the Seoul High Court 201Na84511 and the Supreme Court 201.