소유권등기원상회복
1. The plaintiff's appeal is dismissed.
2. Each of the plaintiff's claims expanded in the trial room.
1. Each land indicated in the Plaintiff’s claim (hereinafter “each land of this case”) is the land owned by G, which is the husband of the Plaintiff, and thus the land cadastre has been forged and the registration has been completed in the name of the Defendants. Therefore, the Defendants are obliged to implement the procedure for cancellation registration of each transfer of ownership as to each land of this case and implement each procedure for cancellation registration of each transfer of ownership as to each of the land of this case
In addition, Defendant B and C, each of the above illegal acts committed against the Plaintiff, and Defendant D, each of which was KRW 100,000,000, and KRW 34,580,000, deducted from KRW 100,000, KRW 65,320,000, Defendant E and F, respectively, are obligated to pay KRW 50,000, respectively. Defendant B and F are obligated to additionally pay KRW 100,000 if each of the above 50,000,000 is not paid by Defendant E and F.
2. Determination
A. We examine whether this part of the lawsuit is legitimate ex officio with respect to each claim for cancellation of ownership transfer registration and each claim for ownership transfer registration based on title restoration.
1) The purport of a claim in a civil suit is to specify the contents and scope of the claim so that its contents and scope can be clearly identified, and whether an objection is specified is an ex officio examination. Thus, where the purport of the claim is not specified, the court shall ex officio order the correction thereof, regardless of whether the defendant raises an objection, and if the purport of the claim is not specified, the court shall dismiss the lawsuit against the defendant (see, e.g., Supreme Court Decision 2007Da53785, Nov. 12, 2009). In addition, a lawsuit seeking the cancellation of registration against a person who is not a person who loses his/her right or is not a person who is not a party to the registration (title of registration or universal successor) by means of the registration in the form of the registry, is an improper lawsuit against the defendant (see, e.g., Supreme Court Decision 93Da3925, Feb. 25, 1994). According to the purport of the entire pleadings.