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(영문) 서울고등법원 2019.08.29 2018나2025524

소유권이전등기

Text

1. The judgment of the first instance court, including the claims added by the plaintiff succeeding intervenor in this court, shall be modified as follows.

Reasons

1. The reasons stated by the court in this part are the same as the part of “1. Basic Facts” in Part 10 to 13 of Part 2 of Part 2 of the judgment of the court of first instance, except for the cases of partial completion or addition as follows, and therefore, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or added parts] Under the second page of the judgment of the court of first instance, the phrase “each of the instant real estate” (hereinafter “each of the instant real estate”) shall be read as “each of the lands listed in paragraphs 1, 2, and 3 of the attached Table 1 (hereinafter “instant land”) and buildings listed in paragraphs 4 as “the instant building”, and when the land of this case and the instant building are collectively referred to as “each of the instant real estate” (hereinafter “each of the instant real estate”).

On the third and sixth sides of the judgment of the court of first instance, "the intervenor succeeding to the plaintiff (hereinafter only referred to as "the intervenor succeeding to the plaintiff") acquired it as follows."

Of the total 48 lots of the instant project site, four lots of land, such as 1,038 square meters, Guri-si, Do, and Guri-si, shall be state-owned and public land, and the Plaintiff’s successor (hereinafter referred to as “Successor”).

(1) In the first instance judgment of the court of first instance, the Plaintiff acquired the royalty for the remaining 41 parcels except the instant 44 parcels out of the remaining 44 parcels, excluding the said 44 parcels of the state-owned and public-owned land. In addition, “each description,” in Section 13 of the judgment of the court of first instance, “The result of fact inquiry by this court on October 5, 2018,” is added

2. The reasons stated in this part of the judgment regarding the main defense are as stated in the part of the judgment of the court of first instance from No. 3, No. 15 to No. 4, 15, except for the following parts of the judgment, and therefore, we accept the judgment on the main defense from the main text of Article 420 of the Civil Procedure Act.

[Supplementary part] The part in the judgment of the court of first instance between the 4th and 13th of the judgment of the court of first instance, "the successor to the subsequent part shall be deemed to have succeeded to."