beta
(영문) 광주고등법원 (전주) 2018.10.18 2016나955

소유권이전등기

Text

1.(a)

In the judgment of the court of first instance, the ownership transfer registration shall be made with respect to the portion of 172.9/635 square meters among the 635 square meters of the Dongdaemun-gu Seoul Metropolitan City AD parking lot.

Reasons

1. Details of the change in the plaintiff's claim and the scope of adjudication of this court;

A. (1) In the first instance trial, the Plaintiff filed a claim for ownership transfer registration of shares 239.06/635 out of the instant land, and filed a claim for KRW 158,257,720 with compensation for the impossibility of its execution, (2) a claim for ownership transfer registration of the instant film museum building and a claim for KRW 94,946,301 with compensation for the impossibility of its execution, and (3) a claim for compensation equivalent to the rents due to nonperformance of the obligation to transfer ownership registration of the instant film museum building; (2) a compensation equivalent to the rents due to nonperformance of the obligation to transfer ownership registration of the instant film museum building; (3) a compensation equivalent to the rents due to delay in delivery of some real estate; (4) a penalty; (5) a settlement of the amount of damages due to non-performance of a short-term system; (7) a compensation due to the unclaimed corporeal movables; and (8) a compensation equivalent to the amount of damages equivalent to the rent paid due to nonperformance of the obligation to attract the instant film.

(including any damages for delay).

The court of the first instance accepted the claim as above (1) and (2), and rejected the claim as referred to in (3). < Amended by Presidential Decree No. 20751, Feb. 2, 2007>

On this issue, the defendant appealed to the part against the defendant.

The Plaintiff filed an incidental appeal only concerning (2) part of the claim and (3) part of the claim

[2] In the first instance trial, the Plaintiff asserted that (2) the Plaintiff sought compensation for value due to nonperformance, and filed an incidental appeal at the same time with this court’s amendment of the purport of the claim. After which, the Plaintiff reduced the share of the Plaintiff seeking the registration of partial transfer of ownership to 172.9/635; and accordingly, reduced the amount of the Plaintiff’s claim for compensatory damages due to impossibility of enforcement; and (2) the portion was the claim for monetary payment of KRW 94,946,301; and (2) the claim for compensatory damages due to the cancellation of the contract was exchanged as it was claimed for restitution of the original status due to nonperformance

The first instance court.