소유권이전등기
1. The appeal by the defendant M shall be dismissed;
2. Of the judgment of the court of first instance, the part against Defendant C and Korea is as follows.
1. In the first instance trial, the Plaintiffs filed a claim against Defendant C and M for the procedure for the registration of ownership transfer and the procedure for the cancellation of ownership transfer registration, which primarily caused the restoration of the true name, and the conjunctive claim against Defendant C and M for damages caused by tort if the primary claim is dismissed.
The first instance court accepted both the plaintiffs' primary claims against the defendants.
On this issue, only Defendant C and M have appealed.
The plaintiffs' primary claims against the defendant C and M and preliminary claims against the defendant in Korea are in a relationship of subjective and preliminary co-litigation pursuant to Article 70 of the Civil Procedure Act.
Where one of the main co-litigants or preliminary co-litigants files an appeal in a subjective and preliminary co-litigation, the final and conclusive part of the claims against other co-litigants shall be prevented, and the appeal shall be subject to adjudication as it is transferred to the appellate court, and in such a case, the subject of adjudication on the appeal shall be determined by taking into account the necessity of the unity of conclusions between the main and preliminary co-litigants
(See Supreme Court Decision 2009Da43355 Decided February 24, 201, etc.). Accordingly, by an appeal by Defendant C and M, the part of the claim against the conjunctive Defendants in preparation for dismissal of the Plaintiff’s primary claim against the said Defendants is also reversed in the trial, and the scope of the trial by this Court is determined together with this decision.
2. Determination on the legality of Defendant M’s subsequent appeal
(a) Facts under the underlying facts are significant or obvious in records to this court;
1) On August 24, 2015, the Plaintiff filed the instant lawsuit against Defendant M, etc., and on October 3, 2015, Defendant M directly received copies of the complaint in the U-U.S. government apartment and 105 Dong 206, which is the domicile of Defendant M. (2) The court of first instance served a notice of the date of pleading, etc. on the domicile of Defendant M and Defendant M. (3).