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(영문) 광주지방법원 2019.10.24 2019나53234

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 42

(C) If the Plaintiff’s claim for ownership transfer registration based on the cancellation of title trust with respect to the instant land was transferred to the Plaintiff on August 26, 2019, UJ asserted that “if the Plaintiff is not a title truster of the instant land against the Defendant, it is difficult to change the facts and judgment acknowledged by the first instance judgment even if the evidence additionally examined by this court is added, it is difficult to change the facts and judgment recognized by the first instance judgment.” The Plaintiff asserted to the effect that “if the Plaintiff is not a title truster of the instant land against the Defendant, the Plaintiff would have transferred the Plaintiff the right to claim for ownership transfer registration based on the termination of title trust with respect to the instant land, the Plaintiff’s claim should be accepted, and the Plaintiff’s claim should be accepted.” (The preparatory brief dated August 27, 2019), even if the new claim is added as a preliminary claim, it is not a separate claim, and

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.