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(영문) 부산지방법원 2018.12.20 2017나52566
소유권이전등기말소 등
Text

1. All appeals filed by Defendant B, C, and E are dismissed.

2. The costs of appeal are assessed against Defendant B.

Reasons

1. Where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation within the scope of the adjudication by this court, the confirmation of the claim part concerning other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court, and in such a case, the appeal subject to the adjudication by the appellate court shall be determined by taking into account the necessity of the conclusion between the main preliminary co-litigants and their parties.

(See Supreme Court Decision 2015Da249222 Decided March 24, 2016). On the premise that Defendant E Co., Ltd. (hereinafter “E”) is liable to pay in kind to the Plaintiff, the Plaintiff sought cancellation of the ownership transfer registration against Defendant B Co., Ltd. (hereinafter “B”), C Co., Ltd. (hereinafter “C”), and D, and sought registration of ownership transfer against E, and sought compensation for damages due to tort or nonperformance of obligation against Defendant F in preparation for cases where the said obligation to pay in kind is not recognized. The first instance court accepted the Plaintiff’s main claim and dismissed the conjunctive claim. As such, it is apparent in the record that the first instance court accepted the Plaintiff’s main claim and dismissed the conjunctive claim, the confirmation of the conclusion between all parties is necessary.

Therefore, both the primary claim and the conjunctive claim of this case are subject to the judgment of this court (However, the part of the claim for cancellation of ownership transfer registration between the plaintiff and the defendant D was finalized because the defendant D did not appeal the main claim).

A. The Plaintiff’s sewage supply construction work and the Defendant’s trust agreement are prepared. 1) G Co., Ltd. (hereinafter “G”).

A) On November 30, 2006, H (hereinafter “H”)

B) Between the Changwon-si's window I and the J apartment on the ground of nine parcels (hereinafter "the apartment of this case"), each of the sectional ownership is limited to housing units.

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