Text
1. All appeals by the Defendants are dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Defendants.
Reasons
1. Scope of the judgment of this court;
A. At the first instance court, the Plaintiff claimed for the registration of cancellation of ownership transfer due to the invalidation or cancellation of a sales contract with Defendant D and N, and sought compensation for the value in the event that it is impossible to return originals due to the cancellation of a sales contract in advance.
The first instance court dismissed all of the main claims against the above Defendants and accepted all or part of the conjunctive claims.
Therefore, since only the Defendants appealed, the scope of this Court’s trial is limited to the cited preliminary claim.
On the other hand, the plaintiff asserts that the clan entered into a sales contract with the defendant D on each land set forth in the No. 4-8 of this case.
However, according to the records, each land located in Q and R sold by the Plaintiff to Defendant D was combined with Qu and Qu on March 28, 2008, Qu and Qu were divided into each land located in Q, S, and T on January 9, 2009, and the said land divided into Q, S, and T was divided into S and U on June 3, 201, and now the land located in the instant case was now owned.
Therefore, since it is clear that the land No. 8 of this case constitutes the R land before the above subdivision and does not exist at present, the “instant land No. 4-8” asserted by the Plaintiff is determined on the premise that it is the “instant land No. 4-7.”
B. The Plaintiff filed a claim against Defendant K and L with the registration of ownership transfer completed in the name of Defendant K in the first instance court without a resolution of the general meeting of clans. The Plaintiff sought the implementation of the registration procedure for cancellation of each of the above registration of ownership transfer on the ground that the registration of ownership transfer in the name of Defendant L was null and void. The first instance court accepted all the Plaintiff’s claim against the above Defendants.
Accordingly, only the said Defendants appealed, and the Plaintiff added the ancillary claim against Defendant K in the trial.
Therefore, it is against the above Defendants, including the ancillary claim against Defendant K, added at the trial.