(영문) 서울중앙지방법원 2016.04.08 2015나67030

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(영문) 서울중앙지방법원 2016.04.08 2015나67030

소유권보존등기말소 등

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1. All appeals by the Defendants are dismissed.

2. The total costs of the lawsuit are borne by the Defendants.

purport, purport, and.

Reasons

1. The case is subject to the adjudication of this court after the process of the lawsuit and its re-return;

A. 1) The plaintiffs filed a lawsuit against the defendant Republic of Korea seeking cancellation of registration of preservation of ownership on the real estate in the attached list 1 through 6, and at the same time against the defendant Gyeonggi-do seeking return of unjust enrichment due to possession of the real estate in the attached list 2 through 8, and the court of first instance rendered a judgment citing all the plaintiffs' claims. 2) As to the part against which the defendant Republic of Korea lost on the attached list 2 through 6, the defendant Gyeonggi-do appealed against the part against which it lost (attached list 2 through 8). The court prior to the remand, dismissed the plaintiffs' claims by citing all the defendants' appeals.

3) As to the entire portion against which the Plaintiffs lost, the judgment of remanding was reversed and remanded in entirety by citing the Plaintiffs’ appeal. 4) Before re-transmission, this court dismissed all the Plaintiffs’ claims against the Defendant’s Republic of Korea regarding the attached list 3 through 6 real estate by citing part of the Defendants’ appeal, and dismissed all the Plaintiffs’ claims against the Defendant’s Gyeonggi-do regarding the attached list 2, 7, and 8 and the attached list 3 through 6.

As to this, the plaintiffs appealed to the whole part against the plaintiffs.

The judgment of re-return reversed the part against the plaintiffs by citing the plaintiffs' appeal, and remanded it to this court.

B. 1) Among the instant lawsuit, the part concerning the Defendant’s real estate in the attached list No. 1 against the Defendant Republic of Korea among the instant lawsuit was not appealed by the Defendant Republic of Korea, and the part concerning the real estate in the attached list No. 2 was finalized as the Defendant Republic of Korea did not file an appeal against the judgment of re-transmission. 2) Accordingly, the subject of the judgment of this Court after re-transmission

유사 판례

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