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(영문) 서울고등법원 2016.08.26 2015나14787
소유권보존등기 말소등기 등
Text

1. The judgment of remanding Supreme Court Decision among the judgment of the first instance, including the claims modified and added in the judgment before remanding.

Reasons

1. Before the remand of the trial scope of this Court, the court below rejected the part of the claim for the performance of the procedure for the registration of ownership transfer based on the restoration of real name as to the real estate listed in the separate sheet No. 13 in the lawsuit against Defendant KB real estate trust. The claim against Defendant B, C, and D (hereinafter referred to as “Defendant D, etc.”) is unlawful and its primary claim against Defendant D, etc. for the remainder of the main claim against Defendant KB real estate trust, and the claim against Defendant MB, etc. for the cancellation of each ownership transfer registration of Defendant D, KB real estate trust as to the real estate listed in the separate sheet No. 13 in the separate sheet No. 3 and No. 4 against Defendant B and C, and the conjunctive claim against Defendant MB against Defendant B, C, and D was rejected as it is without merit.

After the judgment of the court of first instance was rendered before the remand, the Defendants appealed against the Defendants as to the Plaintiff’s primary and conjunctive claims.

The Supreme Court reversed each part of the land subject to site ownership among the real estate listed in the separate sheet among the part against the defendants as to the main and conjunctive claim of the plaintiff, and remanded the case to this court.

Therefore, the building part of each real estate listed in the separate sheet of the plaintiff's main and conjunctive claim shall be separated, finalized, and the scope of trial on the party after remand shall be limited to the part of the land which is the object of the site ownership

The judgment of the first instance court prior to remand dismissed the Plaintiff’s claim against the Defendant Han Bank and the Industrial Bank of Korea prior to remand, which became final and conclusive as it was by the Plaintiff’s failure to file an appeal. Therefore, this part of the judgment is remanded.

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