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(영문) 대법원 2017.05.31 2017다216981

집행문부여의 이의

Text

The judgment below

Among them, the part concerning the plaintiff (appointed party) and the Appointed B shall be reversed, and this part of the case shall be reversed.

Reasons

The grounds of appeal are examined.

1. The court of final appeal may investigate and determine only to the extent of filing an appeal based on the grounds of final appeal. As such, the grounds of final appeal specify the grounds of final appeal and states specific and explicit reasons as to which part of the judgment below is in violation of the law. Thus, the grounds of final appeal should be stated in the appellate brief submitted by the appellant, unless the grounds of final appeal contain the aforementioned specific and explicit reasons. Therefore, it is inevitable to treat the grounds of final appeal as not

[See Supreme Court Decision 200Da29356 delivered on March 23, 2001, and 29363 (Counterclaim)] The instant ground of appeal does not state any part of the judgment below as to the designated party A’s claim and does not state any other matters that may be the grounds of appeal. Thus, the appellate brief concerning the claim of the designated party A is not submitted, and the appellate brief does not state any grounds of appeal as to it.

2. As to the grounds of appeal by the Plaintiff (Appointed Party) and the Appointed B

A. Where a provisional disposition creditor obtains a favorable judgment in the lawsuit on the merits after the registration of prohibition of disposal on immovables has been completed, or where the provisional disposition creditor has made a registration of ownership transfer or ownership registration cancellation on the basis of a substantive legal relationship which forms the basis of a provisional disposition jointly with the debtor on the merits, the provisional disposition creditor may deny the effect of the act of disposal in violation

(See Supreme Court Decision 2010Da2558 Decided May 10, 2012 (see, e.g., Supreme Court Decision 2010Da2558, May 10, 201). Meanwhile, the judgment ordering the distribution of the proceeds of the sale by attaching the jointly owned property to an auction is a special formation judgment subject to auction, with the aim of uniformly resolving the co-owners’ sharing relationship (see, e.g., Supreme Court Order 79Ma5, Mar.