소유권이전등기
The judgment of the first instance court is modified as follows.
The plaintiff's primary claim (the judgment of the court of first instance is reversed) and the judgment are reversed.
In the case of the preliminary consolidation of claims within the scope of adjudication of this court, several claims are indivisible in one litigation procedure, and the judgment which does not judge only the preliminary claims is legally impermissible. Nevertheless, in the case where the court rejected the preliminary claims and rendered a judgment which does not judge the primary claims while rejecting the preliminary claims, the part of the primary claims for which the judgment was omitted is transferred to the appellate court, and the part of the judgment is omitted, and it does not constitute the omission of judgment (see Supreme Court Decision 98Da2253 delivered on Nov. 16, 200, Supreme Court Decision 98Da22253 delivered on Nov. 16, 200, etc.). In light of the above legal principles, the court of first instance requested the implementation of the registration procedure for the transfer of ownership under the name of the defendants on the ground that the ownership of each of the lands of this case was invalid, and the plaintiff sought the implementation of each of the registration procedure for the transfer of ownership due to the restoration of the real name due to the reason that the ownership of each of the lands of this case is invalid.
Nevertheless, the first instance court did not judge the primary claim, and did not dismiss the preliminary claim seeking the implementation of the registration procedure, and did not neglect the judgment on the primary claim.
However, as long as an appeal is filed against the judgment of the court of first instance that constitutes a preliminary consolidation of claims, the first instance court's request for the registration of transfer of ownership based on the restoration of real name of the primary claimant is also transferred to this court. Thus, all the plaintiff's primary and conjunctive claims, including the primary claim that the judgment of the court of first instance excluded, are subject to the judgment of this court.
2. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance.