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1. Of the instant lawsuit, the part of the claim regarding the land indicated in [Attachment 9-21] shall be dismissed.
2. The defendant.
Reasons
1. Of the instant lawsuit, the part of the claim regarding the land indicated in the Attached List 9 through 21
A. Of the Plaintiff’s assertion, the land indicated in the attached list 9 through 21 among the instant lawsuit is owned by the Plaintiff, and the registration of title trust is completed to the clan members including the Defendant.
The Plaintiff terminated the title trust by serving a duplicate of the instant complaint. As such, the Defendant is obligated to implement the procedure for the registration of ownership transfer for each 1/5 of the above land.
B. Determination ex officio, the lawsuit seeking implementation of the procedure for the registration of ownership transfer on the ground of the cancellation of title trust with respect to real estate which is a joint ownership transfer registration constitutes an inherent indispensable co-litigation as a lawsuit concerning a joint ownership (see, e.g., Supreme Court Decisions 83Meu850, Oct. 25, 1983; 96Da23238, Dec. 10, 1996; 2008Da50691, Apr. 29, 201; 2008Da50691, Apr. 29, 201); and since the part concerning the claim against only one of the joint owners of this case is unlawful.
C. Accordingly, the part of the claim against the land indicated in Articles 9 through 21 of the [Attachment List among the instant lawsuit is unlawful.
2. Claim for the land listed in paragraphs 1 through 8 of the attached list;
A. Of the instant lawsuit indicating the claim, the land indicated in the attached list 1 to 8 is owned by the Plaintiff, and the registration of title trust is completed to the clan members including the Defendant.
The Plaintiff terminated the title trust by serving a duplicate of the instant complaint. As such, the Defendant is obligated to implement the procedure for the registration of ownership transfer for each 1/5 of the above land.
(b) Judgment with no pleading on the ground of recognition (Articles 208(3)1 and 257(1) of the Civil Procedure Act);
3. If so, the conclusion is that of the instant lawsuit, the attached list Nos. 9 to 21.