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(영문) 전주지방법원 2019.08.30 2018나6672

소유권이전등기

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In a case where the court of first instance has dismissed the plaintiff's main claim and dismissed the plaintiff's main claim at the end of the trial, and only the defendant has lodged an appeal against the decision citing only the conjunctive claim, the effect of the appeal is naturally limited to the whole of the case and the part concerning the main claim is also transferred to the appellate court. However, the scope of the appellate court's trial is limited to the scope of the defendant's objection, regardless of which the scope of the appellate court's trial is limited to the scope of the appellate

Therefore, the subject of this Court’s trial is limited to the Plaintiff’s conjunctive claim (see, e.g., Supreme Court Decision 94Da31624, Feb. 10, 1995). 2.

A. The status E was a child of G and the Plaintiff, etc., and the Defendant is a child of G.

B. (1) The relation between the change in the instant land (1) was 932 square meters in Jinandong-gun, Jinandong-gun, North Korea (in the registry, converted into a unit area of 3,081 square meters on July 10, 1981) and was owned by E. On February 20, 197, the ownership transfer registration was made in the G on July 10, 1981, and on January 2, 1987, the transfer registration was made to the Defendant on August 12, 1988 on the ground of inheritance by consultation and division, as the Defendant on August 12, 198, on the registry, and was divided into the H large 2,662 square meters in the former Jinandong-gun, North Korea-gun, and the 419 square meters in the former Jinandong-gun, North Korea-gun, Seoul Special Metropolitan City on March 22, 1994.

(2) On January 25, 1930, the 281m2 in Jinandong-gun, Jinandong-gun, Jinandong-gun, a transfer of ownership was made in the name of G on January 25, 1987, and on August 12, 1988, the transfer of ownership was completed on August 12, 198.

C. After the death of E around February 1976, the Plaintiff occupied the instant land from July 20, 1976 while residing in the love debt, which was constructed on the instant land, among the housing that E resided. On or around February 20, 1994, the Plaintiff occupied the instant land. On the instant land, around February 1994, the Plaintiff continued to occupy the instant land by continuously constructing a new building and continuously residing on the instant land.

[Ground of recognition] Unsatisfy, A No. 2.