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(영문) 서울고등법원 2017.10.19 2016나2055231

소유권이전등기 등 청구의 소

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for cases of cutting, deleting, or adding as follows. Thus, the reasoning of the judgment of the court of first instance cited the same as that of the judgment of the court of first instance.

2. The part “Defendant C” used, deleted or added shall be added to “Codefendant C of the first instance trial.”

Part 4 5 (Exclusion from Table, hereinafter the same shall apply) to 12 pages 5 shall be deleted.

Part 5 of Part 13 "No. 4. Judgment on the Claim against Defendant B" shall be applied to "2. Judgment".

The following shall be added between the 5th parallel 14 and 15, and the 15th parallel shall be deleted:

The Civil Act generally recognizes the concept of a juristic act “agreement” (see, e.g., Articles 280, 292, 312, 379, 380, and 539 of the Civil Act). The right of another person may be sold even if the owner of a registry is not the nominal owner.

(See Article 569 of the Civil Act). In a case where a right which has become an object of sale belongs to another person, the seller shall acquire such right and transfer it to the buyer. Such sale of another person’s right does not always constitute a title trust under the Act on the Registration of Real Estate under Actual Titleholder’s Name, and there are issues such as extinctive prescription of the right to claim ownership transfer registration, the option holder and the exercise period, and administrative sanctions in a case where the ownership

The key issue of this case is whether the "agreement around October 2001, which was formed by the Plaintiff as the cause of the claim, can be seen as a valid agreement such as the sale and purchase of another person's right, and if possible, the exercise and exercise period of choice, the period of extinctive prescription of the right to claim ownership transfer registration, etc. and the issue

The following shall be added to the 7th page:

The defendant transferred the ownership of each part of the land of this case to the plaintiff.