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(영문) 부산고등법원 2016.04.20 2015나4740
소유권말소등기
Text

1. The plaintiff's appeal against the defendant Han-gu Housing Co., Ltd. and Eul shall be dismissed, respectively.

2. Defendant in the judgment of the first instance.

Reasons

1. We examine, ex officio, the plaintiff's appeal against the defendant Han-gu Housing and B on the legitimacy of the appeal against the defendant Han-gu Housing and B.

An appeal may only be filed against a judgment unfavorable to himself/herself, and an appeal against a judgment that won the whole winning the judgment is unlawful as there is no benefit.

The plaintiff appealed against the judgment of the court of first instance (see, e.g., Supreme Court Decision 2007Da20235, Jul. 13, 2007). The plaintiff filed a claim for damages of KRW 100 million against the defendant Handong Housing, ② a claim for the cancellation registration of ownership transfer registration of the real estate of this case, and the preliminary claim for damages of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00

2. Determination as to a claim for the construction of Defendant’s land

A. The indication of the claim (the selective claim, as stated in the purport of the claim and the appeal) 1) The construction of the Defendant’s land to Busan E Apartment-gu, Busan (hereinafter “the apartment of this case”).

(2) On the other hand, in around 2001, the Plaintiff purchased the instant real estate (No. 804) from Defendant Han-gu Housing (hereinafter “instant sales contract”) from Defendant Han-gu Housing (hereinafter “instant sales contract”), and around 2001, paid in full the sales price of KRW 100 million to Defendant Han-gu Housing (hereinafter “instant sales contract”).

3. As to the instant real estate, on November 20, 2009, the registration of preservation of ownership was completed in the name of the construction of the Defendant’s national land. The Defendant’s land construction was completed upon the Plaintiff’s request by subrogation of the Defendant Han-gu Housing.

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