소유권확인
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total cost of the lawsuit is indicated as the representative of the plaintiff.
1. The reasoning for the court’s explanation in this part is the same as the corresponding part of the judgment of the first instance court (the “1. Basic Facts” of the suspension of the second page). Therefore, this is cited by the main text of Article 420 of the Civil Procedure Act.
Provided, That part of the first instance judgment shall be amended as follows:
[Revision] From the second page of the judgment of the court of first instance, the phrase “25,000,000 won” in the fifth sentence shall be written with “the remaining amount of KRW 250,000,000”.
From the third side of the judgment of the court of first instance, the part 7 to 8 (the part 2 of the suspension of 3 pages) shall be as follows. 2) The defendant completed the registration of transfer of ownership on the ground of the instant sales contract with respect to each real estate listed in [Attachment 1] Nos. 1 and 1 (excluding unregistered real estate listed in [Attachment 1] No. 3 among the real estate in this case) listed in [Attachment 1] Nos. 1 and 2 on January 15, 2018 after the full payment of the purchase price under the instant sales contract. 4 to 5 of the judgment of the court of first instance is completed.
“2) On June 25, 2018, the Defendant filed a lawsuit against C, N, and J with Busan District Court 2018da318101, seeking delivery of each of the instant real property and the movable property listed in the separate sheet No. 2, and return of unjust enrichment equivalent to the rent due to the possession and use of the instant real property. C filed a counterclaim against the Defendant to seek cancellation of the above transfer of ownership in the name of the Defendant as to the real property listed in the separate sheet No. 1 and No. 2, Busan District Court 2018Ga32978, as to the real property listed in the separate sheet No. 1 and
On January 8, 2019, the above court rendered a judgment to the effect that the part on the claim of this case and the part on the claim for delivery of the movable property in the attached list No. 2 was wholly winning, that part of the claim for return of unjust enrichment was partly winning, and that part of the claim for return of unjust enrichment by C
3) On February 28, 2019, the Defendant executed the delivery of the instant real estate and movable property listed in the separate sheet No. 2018da31801 (main suit) with the Busan District Court Decision 2018Da31801 (main suit). On the other hand, C, N, and J are above.