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(영문) 서울중앙지방법원 2015.02.06 2013가단57274
손해배상(기)
Text

1. As to the real estate indicated in the attached list No. 1 to Defendant B, C, and D, the heir of Nonparty B, C, and D, the non-party E.

Reasons

1. Indication of claims: To be as shown in Appendix 2; and

The plaintiff primarily claims the ownership transfer registration claim against the defendant A, B, C, and D based on the restoration of the true name of the defendant B, C, and D and the above claim are selective claims for compensation for damages due to the impossibility of performing the duty to cancel the ownership transfer registration obligation against the defendant A, B, C, and D. Thus, it is reasonable to view that the relationship between the above two claims is the primary and conjunctive relationship depending on the impossibility of performing the duty to cancel the ownership transfer registration obligation against the defendant A, B, C, and D.

However, as seen earlier, inasmuch as Defendant B, C, and D recognized the obligation to transfer ownership on the ground of the restoration of the true name, the ancillary claim against Defendant B, C, and D, including Defendant A, should no longer be seen. As such, Defendant A constitutes the conjunctive Defendant, and thus, Defendant A’s claim against Defendant A does not appear separately to be described in the text.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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