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(영문) 서울서부지방법원 2012.01.20 2011나7165

소유권이전청구권가등기말소등

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1.On a request for change in exchange at the time of the trial,

A. Real estate indicated in the separate sheet between the defendant and B.

Reasons

1. The defendant asserts that the plaintiff's exercise of subrogation right by the first instance court, and sought implementation of the procedure for the registration of provisional registration of ownership transfer right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right

However, the modification of a claim can be made within the extent that the basis of the claim does not change, unless it substantially delays the litigation procedures, until the closing of argument at a trial court. The modification of the purport of the claim and the cause of the claim merely differs in the same living facts or in disputes concerning the same economic interest, and the modification does not change the basis of the claim. In addition, where most of the previous litigation data can be used for the purpose of examining the new claim, it cannot be said that the delay of the litigation procedures is significant.

(See Supreme Court Decision 2007Da56524 Decided March 12, 2009). In full view of all the circumstances revealed in the records of trial and arguments, the registration seeking cancellation through the exercise of creditor's subrogation right at the first instance court and the registration seeking cancellation through the exercise of creditor's subrogation right at the first instance court is the same as that of the Seoul Western District Court Decision 37903 Decided July 29, 2010, which was completed to the defendant as the Seoul Western District Court Decision 2004Da395806 Decided March 12, 2009. All of the claims of the plaintiff before and after the above alteration are the self-sufficiency of B.