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(영문) 서울고등법원 2017.05.18 2016나2047292
지분권이전등기청구의 소
Text

1. The part against the Defendant (Counterclaim Plaintiff) out of the part against the ancillary principal claim in the judgment of the first instance shall be revoked, and that part shall be revoked.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant for ownership transfer registration based on the cancellation of title trust as the primary main claim against the Defendant, and filed a claim for reimbursement of expenses due to the demand for reimbursement or management of affairs as the joint and several sureties. The Defendant filed a claim against the Plaintiff for a counterclaim against the Plaintiff and filed a claim for restitution of unjust enrichment equivalent to the amount of delayed payment and the amount of the rent. On June 1, 2016, the court of first instance dismissed the Plaintiff’s primary main claim, and partly accepted the Plaintiff’s primary main claim, and subsequently accepted the Plaintiff’s request for delivery of the portion in possession and the claim for restitution of unjust enrichment equivalent to the rent, among the Defendant’s counterclaim, and rendered a judgment citing the entire principal and part of the Defendant’s claim for overdue payment among the Defendant’s counterclaims claims.

Accordingly, only the Defendant appealed to the part against the Defendant among the part against the Defendant regarding the ancillary principal claim in the first instance judgment and the part concerning the counterclaim against the Defendant. The Plaintiff extended the claim of the part concerning the delay damages in the main claim in the first instance judgment. The Defendant extended the claim of the part concerning the delay damages in arrears in the first instance judgment, while expanding the claim of the part concerning the principal part of the claim for delay damages in the second instance in the first instance judgment and reducing less than the corresponding part of the judgment in the first instance judgment. Thus, the actual subject of adjudication in this court is limited to the part concerning the ancillary principal claim in the first instance judgment and the part concerning the Defendant’s counterclaim expanded in the first instance trial

2. Basic facts

A. The Plaintiff and the Defendant filed a marriage report on May 21, 1982 and maintained marital relations on May 16, 2005 (hereinafter “instant divorce report”). The Plaintiff and the Defendant filed a divorce report on May 21, 1982 (hereinafter “instant divorce report”).

The grounds for divorce between the plaintiff and the defendant are physical abuse against the defendant.

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