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(영문) 창원지방법원 2018.10.18 2018나51567
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The plaintiff filed a claim for damages against the defendant in the first instance trial, and as to the co-defendant D in the first instance trial, the plaintiff filed a claim for ownership transfer registration with the above D and the defendant, and the co-defendant C in the first instance trial.

The court of first instance partially accepted the claim for damages against the defendant, and the part of the claim for ownership transfer registration accepted the main claim against D, and dismissed each conjunctive claim against the defendant and C.

Therefore, since only the defendant appealed against this, the subject matter of the judgment of this court is limited to the claim for damages, which is the part against the defendant (the defendant asserted that the part concerning the claim for ownership transfer registration among the judgment of the court of first instance is unjustifiable as the grounds of appeal, but the defendant cannot appeal against the part concerning the claim for ownership transfer registration, since there is no benefit in the appeal in the case of winning the plaintiff in the conjunctive co-litigation against the main defendant, the defendant cannot appeal against the part concerning the claim for ownership transfer registration, since there is no benefit in the conjunctive defendant in the case of winning the plaintiff against the main defendant).

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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