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(영문) 전주지방법원 2015.02.13 2012가합999
소유권이전등기절차이행
Text

1. The part of the lawsuit filed by an independent party intervenor against the plaintiff shall be dismissed;

2. The Plaintiff:

A. The defendants are attached to the attached Form.

Reasons

1. Determination on the defense prior to the merits

A. The part against the plaintiff among the plaintiff's claims against the plaintiff in the main defense (1) prior to the plaintiff's motion for intervention by independent party, i.e., the plaintiff's claim against the plaintiff for ownership transfer registration as to each share in attached Forms 3 and 4 among the land of this case against the plaintiff, while there is no plaintiff's claim for ownership transfer registration as to the defendant's termination of title trust against the defendant, while the plaintiff's claim for ownership transfer registration against the defendants as to the plaintiff's claim for ownership transfer registration against the defendants based on the prescription acquisition cannot be deemed as valid

In addition, since the intervenor's claim for ownership transfer registration based on the prescriptive acquisition and the plaintiff's claim for ownership transfer registration based on the cancellation of title trust can be established, it cannot participate in the claim for right, and there is no requirement for participation in the prevention of death. Therefore, it did not meet the requirements for independent party participation.

Therefore, this part of the lawsuit is not legitimate.

(2) (A) The lawsuit for confirmation is not necessarily limited to a legal relationship between the parties, but can also be the legal relationship between one of the parties and a third party or between third parties. However, in order for the party to have a benefit of confirmation, the lawsuit must lead to the rights of the person instituting the lawsuit according to the legal relationship or the risks and disadvantages actually existing in the legal status. In order to eliminate the risks and omissions, it is necessary to immediately confirm the legal relationship by the confirmation judgment aimed at identifying the legal relationship, and it should be the most effective and appropriate means.

Therefore, where the rights or legal status of an independent party intervenor is denied by, or in conflict with, the plaintiff, the independent party intervenor, if the independent party intervenor is threatened or obstructed by the plaintiff.

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