소유권이전의무이행청구 등의 소
1. The part concerning the request for ownership transfer registration in the judgment of the first instance shall be revoked, and the lawsuit shall be dismissed in this part;
2...
1. In the first instance trial, the Plaintiffs filed a claim for ownership transfer registration of the real estate listed in the separate sheet (hereinafter “instant building”) against the Defendant, and the eviction and transfer of the instant building. The court of first instance accepted only the claim for ownership transfer registration and dismissed the remainder of the claim for the transfer and removal of the building.
Since the defendant appealed only to the part of the claim for ownership transfer registration among the judgment of the court of first instance that he lost, the scope of the judgment of the court of first instance is limited to the part against the defendant of the judgment of the court of first instance
2. The reasons for this part of the facts of recognition are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
3. A lawsuit for the performance of the procedure for ownership transfer registration of a building to determine the claim for ownership transfer registration is intended to acquire ownership of the building which is the object of registration through the performance, and if the object is entirely destroyed due to removal or loss of the building, and no longer exists as of the date of closing of argument, the lawsuit for performance shall be deemed to have failed to meet the benefit of protection of rights,
6. Reference to the Supreme Court Decision 93Da24810 Decided October 10, 201, the fact that the building of this case was removed as of the date of the closing of argument in the trial room does not conflict between the parties, and thus, the lawsuit claiming the transfer of ownership concerning the building of this case is unlawful
4. Thus, the part of the claim for ownership transfer registration, which is subject to the judgment of the court of original instance, is unlawful and dismissed, and the judgment of the court of first instance is unfair in conclusion, and it is so decided to revoke the judgment of the court of first instance as to this part and dismiss this part of the lawsuit. It is so decided as per Disposition.