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(영문) 대구지방법원 2016.01.13 2015나6041
소유권말소등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall make the plaintiff 23.3 of Gyeongcheon-gun C Forest land in Gyeongcheon-gun.

Reasons

1. Scope of the judgment of this court;

A. In the first instance court, the Plaintiff filed a claim against the Defendant for the registration of cancellation of ownership transfer registration with respect to shares in 3/4 of the forest land in this case, and the court of first instance accepted only the part concerning shares in 1/4 of the Plaintiff’s above claim and dismissed the remainder of the claim.

B. After both the Plaintiff and the Defendant filed an appeal, the Plaintiff added the claim for ownership transfer registration on the part of the instant forest land’s dispute due to the completion of acquisition by prescription, and subsequently amended the claim for ownership transfer registration on the part of the instant forest land’s dispute, 3/4 shares due to the cancellation of ownership transfer registration under the Defendant’s name and the remainder of 1/4 shares due to the completion of acquisition by prescription. The court of the first instance prior to the remand changed the judgment and dismissed the Plaintiff’s main claim and the remainder of the conjunctive claim.

C. Both the Plaintiff and the Defendant appealed, and the Supreme Court reversed only the part against the Defendant among the part regarding the conjunctive claim, and remanded it to this Court.

Meanwhile, after remanding, the Plaintiff filed for the registration of ownership transfer based on the restoration of authentic title as the primary claim on the 3/4 shares in the dispute over the forest of this case among the 3/4 shares in the forest of this case, and sought for the cancellation of the registration of ownership transfer as a preliminary claim, and amended the purport of the claim for the registration of ownership transfer based on the cancellation of title trust as to the remaining 1/4 shares in the dispute over the forest of

E. In general, where only one of the parties appeals and the part of the judgment of the court below against appellant is reversed and remanded, the scope of the judgment of the case to be remanded to the court below shall not exceed the above part of the judgment against the appellant, and therefore, it shall not be disadvantageous to the appellant in excess of this limit.

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