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(영문) 대전고등법원 2015.05.15 2014나91
소유권이전등기
Text

1. Part of the judgment of the court of first instance, including the Plaintiff’s claim partially expanded and changed in exchange for a part of the judgment.

Reasons

1. Scope of the judgment of this court;

A. The contents and progress of the instant lawsuit 1) Plaintiff (hereinafter “Plaintiff”)

In the lawsuit of this case, ① the land listed in the separate sheet No. 1 No. 1 was registered as the joint owner of Defendant B and C, but the plaintiff clan held title trust; ② each land listed in the separate sheet No. 2 and No. 3 (excluding the land listed in the separate sheet No. 9) was registered as the co-owner, but the registration of ownership or the registration of ownership transfer was completed for the heir of Defendant B, C, D, E, and deceased P as the co-owner as the co-owner as shown in the separate sheet No. 2 and No. 2 of the separate sheet No. 3, but the plaintiff clan held title trust. ③ The land listed in the separate sheet No. 3 No. 9 was registered as the co-owner of the defendant B, etc., but the plaintiff clan claimed against the defendants for the registration of ownership transfer or the request for return of unjust enrichment on the ground of the cancellation of title trust (hereinafter collectively referred to as "each land listed in the separate sheet No. 1, No. 2 and No. 3 of this case").

(2) The court of first instance accepted both the Plaintiff clan’s primary claims, and the Defendants filed an appeal against all of the Defendants in the judgment of first instance against this court. However, Defendant B among the Defendants submitted a written withdrawal of appeal to this court on August 7, 2014.

3) Plaintiff clans came to be in the trial of a political party, and through a preparatory document dated October 13, 2014, Plaintiff clans L Co., Ltd. (hereinafter “Nonindicted Company”) with respect to the land of this case No. 1 List 3

(1) On June 26, 2013, before the date of closing argument in the first instance trial, the purport of the claim was confirmed later, and the purport of the claim was to be amended, and the copy of the register (No. 92) of the above land was submitted. According to the copy of the register (No. 92) of the above land, the above land for which the registration of transfer of ownership was completed by Defendant B and C, was based on the expropriation of the above land.

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