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(영문) 대전고등법원 2020.10.28 2020나12460

소유권이전등기

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The plaintiff includes the primary claim, addition, and the ancillary claim that the court has changed in exchange.

Reasons

On June 30, 2015 and July 3, 2015, at the first instance court, the Plaintiff asserted that the Defendant and the Defendant entered into a donation contract with respect to each of the real estate listed in the separate sheet (hereinafter “instant land”) owned by the Defendant. On the contrary, the Plaintiff sought the confirmation of the existence of the right to dispose of each of the instant land as well as the right to receive payment, as the first instance court’s request for the performance of the procedure for the registration of ownership transfer based on the donation contract on June 30, 2015 or the gift contract on July 3, 2015.

Since then, the plaintiff changed the above main claim to the claim for the execution of the procedure for the transfer of ownership based on the agreement dated January 5, 2010, and after changing the above conjunctive claim to the third preliminary claim, the plaintiff added the claim for the performance of the procedure for transfer of ownership based on the agreement to the second preliminary claim on June 30, 2015, and added the claim for the performance of the procedure for transfer of ownership based on the agreement to the second preliminary claim.

On the other hand, the plaintiff clearly expresses that the main claim shall be the cause of the claim of the contract or the delegation contract, which is not the donation contract, through a preparatory document as of July 2, 2020 and an application for modification of the purpose of the claim and the cause of the claim as of September 9, 2020, and through the application for modification of the purpose of the claim as of September 9, 2020, it can be deemed that the main claim is changed in exchange for exchange, and it can be deemed that the existing main claim is not changed into the first and second preliminary claim, but the existing main claim is added

Therefore, the main claim that is changed in exchange, the 1, 2, and the 3, preliminary claim that is newly added, and the 3, preliminary claim that is changed is subject to the judgment of this Court.

Basic Facts

On June 2, 2010, as of June 2, 2010, the calendar year within which the land was divided before the subdivision, 43,339 square meters of L forest land on July 2, 2015, 3,275 square meters of L forest land of 3,984 square meters of 275 square meters of 275 square meters of forest land E 3,709 square meters of 14,659 square meters of forest land of 17,651 square meters of 252 square meters of O forest land of 17,651 square meters of 21,452 square meters of forest land.