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(영문) 창원지방법원 2021.01.15 2020나52723
소유권이전등기
Text

The plaintiff's appeal is dismissed in entirety.

Of the instant lawsuits, the primary claim added by the court and the ancillary claim are ancillary.

Reasons

1. The reasoning of the court of first instance is as follows: “Defendant I’s “A” of the first instance judgment No. 7, No. 12, 7, 12, i.e., “Defendant D” of the first instance judgment; “A’s main legal change” of the 14, “Defendant J” of the 18, “Defendant J” of the 18, “Defendant J” of the 11, 11, and 12, “A use of public permanent residence or other land owned by the Plaintiff” of the 14, 7, 7, 14, i.e., “A’s permanent permanent residence or permanent residence of the Plaintiff,” and the part of the 14, i.e., the main sentence of the 1, 8, 14, i., deleted from the main sentence of the 1, 2010, excluding the part of the 2, i.e., the judgment of the court of first instance as follows.

2. Additional determination

A. The Plaintiff’s primary claim No. 1) The Defendants, F’ successors, are obligated to deliver the pertinent land portion to F, the seller’s position, because F, purchased the part of the instant land from F, the part of the Defendants’ primary claim No. 1.

The plaintiff is a creditor who purchased the land portion of this case from D, and the plaintiff seeks to transfer the land portion of this case to the defendants in order to preserve the right to claim performance of the registration procedure for ownership transfer.

2) The F and D had an intention to register the transfer of shares in accordance with the ratio corresponding to the size of the land portion out of the instant land No. 1, if it was known that the partition of the instant land was impossible due to statutory restrictions on the ancillary claim portion.

It conforms to the common sense and rule of experience.

The plaintiff is a creditor who purchased the above shares from D, and in order to preserve the claim for the execution of the registration procedure for the transfer of ownership, the plaintiff seeks to implement the registration procedure for the transfer of ownership on April 7, 200 with respect to the 33/337 shares of the land of this case.

B. 1) Determination as to the portion of the supplementary claim.

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