소유권이전등기
1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.
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1. Scope of the judgment of this court;
A. A lawsuit seeking the implementation of the procedure for the registration of ownership transfer on the ground of the termination of title trust with respect to a real estate that has become a joint ownership transfer constitutes a joint-litigation in the form of a joint-use lawsuit in respect of a joint-use property, which shall be determined on a joint-use basis for all the joint-ownership
(See Supreme Court Decision 96Da23238 delivered on December 10, 1996, etc.). In such cases of an essential co-litigation, an appeal filed by a part of co-litigants or an appeal filed by the other party against a part of co-litigants has its effect on other co-litigants. Thus, in relation to all co-litigants, the final judgment is prevented from becoming final and conclusive in relation to all co-litigants, and such lawsuit is transferred to the appellate court as a whole. The effect of the judgment of an appeal is limited to co-litigants who did not make an appeal, so the appellate court shall deliberate
(See Supreme Court Decision 2003Da44615, 44622 delivered on December 12, 2003, etc.) B.
In light of the above legal principles, the Plaintiff is the true owner of the forest of this case where the ownership transfer registration was completed due to the Defendants’ partnership-ownership. The Defendants succeeded to the status of the title trustee and filed a claim for the registration of ownership transfer based on the cancellation of title trust on the premise that the status of the title trustee constitutes the title trustee constitutes an essential co-litigation
Therefore, as to the judgment of the first instance, which accepted the Plaintiff’s claim against the Defendant C, and dismissed the claim against the Defendant B, the Plaintiff filed an appeal with each court against the part against the Defendant C, and the Defendant C did not appeal against the part against which it lost.
Even if the plaintiff's appeal against the defendant B and the appeal filed by the defendant B are both effective against the defendant C, the part of the plaintiff's claim against the defendant C are also included in the scope of the judgment of this court.
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