(영문) 서울고등법원 2020.07.22 2019재나20313

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(영문) 서울고등법원 2020.07.22 2019재나20313

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1. All the claims extended at the trial of the plaintiff (the plaintiff) and the retrial of this case shall be dismissed.

2...

Reasons

1. On August 18, 2017, the Plaintiff filed a lawsuit against the Defendants for the claim for ownership transfer registration, and was sentenced to a judgment against the Defendants (Seoul Central District Court 2016Gahap534090). Accordingly, the Plaintiff appealed to Seoul High Court 2017Na2048537, but was sentenced to the judgment dismissing the appeal (hereinafter “the judgment on review”).

The Plaintiff appealed against this and appealed, but on November 29, 2018, the final judgment of dismissal of the Supreme Court (Supreme Court Decision 2018Da243782) became final and conclusive, which became final and conclusive as it is.

2. Whether the part added at the trial among the conjunctive claims is legitimate.

A. In a case subject to a judgment, the Plaintiff sought reimbursement against the Defendants for damages or unjust enrichment, 460,062,906 won, and damages for delay thereof. Upon the conjunctive claim, the Plaintiff sought the cancellation of the ownership transfer registration completed by the Seoul Central District Court’s registration No. 72519, Mar. 26, 2013 with respect to the amount of settlement or unjust enrichment, and the amount of damages for delay, and 84.3/330, out of the amount of 330 square meters in Gwanak-gu, Seoul Special Metropolitan City D 30 square meters (=6/30, 24.6/30, 3304/30, 335.1/30, 35.30) shares (attached Form 1 site shares; hereinafter “instant site shares”).

However, in the litigation for the retrial of this case, the Plaintiff sought a revocation of the judgment subject to a retrial against the Defendants, and sought a new judgment as to the above claims that were subject to the said judgment, but reduced the part of the monetary claim, and added the conjunctive claim against the Defendant C seeking the cancellation of each ownership transfer registration completed by the Seoul Central District Court No. 14215, 14216, and 14217, as to the real estate in the separate sheet No. 2 through No. 4 (hereinafter “each building of this case”).

(2) to No. 4) B. of the purport of the claim, appeal, and request for retrial

However, in the litigation for retrial, the plaintiff for retrial.

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