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(영문) 수원지방법원 2020.04.14 2019나85560

유류분반환 청구의 소

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1. The judgment of the first instance court, including the claims extended and reduced in this court, shall be modified as follows:

Reasons

The plaintiffs filed at the first instance court for the payment of KRW 51,53,294 and delay damages for the execution of the procedure for the registration of ownership transfer of each share of 429,170,98/1,448,515,625 among the real estate listed in the list of each of the real estate listed in the list (attached Form 1) to the defendant.

The first instance court ordered the defendant to pay damages for delay from June 29, 2019 for the execution of the procedure for the registration of ownership transfer for shares of 429,170,98/1,448,515,625 out of the real estate listed in the list of paragraph (2), and for the payment of damages for delay from June 29, 2019.

As to this, the plaintiffs and the defendant appealed the part against each other.

On November 19, 2019, the Plaintiffs submitted an application for modification of the purport of the claim and the cause of the claim, and withdrawn the claim for the share transfer registration for the real estate stated in [Attachment 1] List Nos. 1, 3, 4, and 5 (Attachment 1], and expanded the claim only with respect to the claim for the share transfer registration and the claim for money.

Therefore, the judgment of the court of first instance as to the withdrawn portion becomes null and void, and the scope of this court's trial shall be limited to the claim for the share transfer registration as to the real estate in the list No. 2 / [Attachment 1] (the plaintiff did not appeal against the defendant E in the first instance court, and the plaintiff filed an incidental appeal against the defendant E in the first instance court as to the defect in the appeal by expanding the purport of the claim on November 19, 2019, but the defendant E in the first instance court withdrawn the appeal on March 3, 2020, so the appeal by the defendant E in the first instance court becomes null and void in accordance with Articles 393(2) and 267(1) of the Civil Procedure Act. Since it is apparent that the incidental appeal by the plaintiff against the defendant E in the first instance court is not filed within two weeks after the date of delivery of the original judgment of the judgment of the first instance court, the incidental appeal by the defendant in the first instance court has become null and void due to the withdrawal of the appeal by the defendant E in the first instance.

(b)based facts;