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(영문) 창원지방법원 2017.04.19 2016나57479
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. In the first instance trial, the Plaintiff asserted that the title trust agreement with Defendant C is null and void, and sought implementation of the procedure for cancellation of ownership transfer registration under Defendant C’s name, and sought implementation of the procedure for registration of ownership transfer registration due to purchase and sale on September 1, 1981 against Defendant B, or sought implementation of the procedure for ownership transfer registration due to completion of prescription on September 1, 2001 against Defendant C.

In addition, as to the building of this case, the registration procedure for cancellation of ownership preservation in Defendant C’s name was sought.

The court of first instance accepted only the Plaintiff’s claim against Defendant B and the Plaintiff’s claim against Defendant C on the instant building, and rejected the remainder of the Plaintiff’s claim against Defendant C on the instant land.

Accordingly, the part of the judgment of this court is disputed by the plaintiff while filing an appeal. Thus, the scope of the judgment of this court is limited to the part of the plaintiff's claim for cancellation of ownership transfer registration or the claim for ownership transfer registration based on the completion of prescription on the land of this case against

2. The reasoning of the court’s explanation concerning this part of the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, even if considering the Plaintiff’s argument in the trial, and thus, this part is acceptable in accordance with the main sentence of Article 420 of

3. In conclusion, the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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