가등기에 기한 본등기절차 이행 청구
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The second preliminary principal action by the plaintiff (Counterclaim defendant) added in the trial.
1. The reasoning of the court's explanation concerning this case is as stated in paragraphs (1) through (3) of the reasoning of the judgment of the first instance except for the addition of the plaintiff's judgment as to the claim of the second preliminary principal lawsuit at the trial as set forth in paragraph (2) of the same Article, and therefore, it is decided to accept it by the main sentence of Article 420 of the Civil Procedure
2. Determination as to the second preliminary main claim
A. (1) The plaintiff's assertion (A) The plaintiff's argument that the defendant clan is the representative of the defendant clan has paid expenses incurred in relation to his duties, such as attorney fees, while conducting various legal affairs related to the defendant clan or the representative of the defendant clan, as seen in paragraph (2) below.
This falls under the case that the plaintiff paid necessary expenses in the course of performing affairs delegated by the defendant clan with the delegation of affairs from the defendant clan, and thus, the defendant clan is obliged to repay necessary expenses incurred by the plaintiff pursuant to Article 688 (1) of the Civil Code.
(B) Even if the plaintiff's household expenses for money as a member of the defendant's clan to handle the litigation affairs, etc. of the defendant's clan is not in accordance with the delegation of the defendant's clan, it constitutes a management of affairs under Article 734 of the Civil Act, which without any obligation
Therefore, since the plaintiff paid the necessary expenses equivalent to the above money in the process, the defendant clan is obligated to repay the necessary expenses incurred by the plaintiff pursuant to Article 739 (1) of the Civil Code.
(2) (A) On February 1, 2008, 2009Na44817, and the Supreme Court Decision 201Da6833, the pertinent Plaintiff filed a lawsuit against the Defendant clan on February 1, 2008 against the Defendant clan for the implementation of the procedure for registration of change of the indication of the registered titleholder (the U.S. District Court 2008Gahap1085, and the Defendant clan appointed a new G lawyer on the date of the law firm to respond thereto, and the Plaintiff appointed a new G lawyer on the date of the law firm.