beta
red_flag_2(영문) 수원지방법원 2015. 12. 17. 선고 2015나15563 판결

[소유권이전등기말소][미간행]

Plaintiff, Appellant

Plaintiff (Attorney Jin-hee et al., Counsel for plaintiff-appellant)

Defendant, appellant and appellant

Defendant

Conclusion of Pleadings

November 19, 2015

The first instance judgment

Suwon District Court Decision 2013Da12756 Decided April 21, 2015

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The defendant will implement the procedure for the cancellation registration of transfer of ownership completed under No. 36250 on August 26, 2013 with respect to each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") with respect to Nonparty 2.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of the first instance judgment

As a result of examining the grounds for appeal and the evidence submitted by the parties, the court of first instance examined the legitimacy of the judgment. The reasons for this case are as stated in the reasoning of the first instance judgment except for adding "No. 10" to "No. 2012Da31032, the appellate court of Suwon District Court Branch Decision 2014Na31032, the appellate court of Suwon District Court Decision 2015, Jan. 23, 2015, the above court rendered a judgment in favor of the plaintiff. Although Nonparty 2 appealed appealed, it was dismissed on June 26, 2015 and the judgment became final and conclusive on June 26, 2015, as stated in the reasoning of the first instance judgment, since this case's reasoning is the same as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Lee Jong-dae (Presiding Judge)