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(영문) 서울고등법원 2017.12.14 2017나2002081
소유권이전등기말소등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit are dismissed.

2. The part concerning the counterclaim in the judgment of the court of first instance.

Reasons

1. Scope of the judgment of this court;

A. While the first instance court partly accepted the Plaintiff’s claim for the transfer registration of ownership in the principal lawsuit against the Defendant, dismissed the entire claim for the removal of ground objects and the transfer of land, and the claim for the return of unjust enrichment was fully accepted, the Plaintiff only filed an appeal against the part against the Plaintiff among the claims on the principal lawsuit, and the Defendant did not file an appeal. As such, among the claims on the principal lawsuit, only the part of the claim for the transfer registration of ownership and the removal of ground objects

B. Meanwhile, the first instance court recognized the occurrence of the claim for the amount of the transfer money that the Defendant claimed as a counterclaim, and thereafter dismissed the counterclaim by accepting the set-off claim filed by the Plaintiff, and all the Plaintiff and the Defendant appealed. Thus, prior to the Plaintiff’s counterclaim, the claim for the transfer money claimed by the Defendant is subject to the judgment of this court again from whether the claim

2. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name set forth in paragraph (1) of the judgment of the first instance shall be used as it is.

3. Determination as to the claim on the principal lawsuit

A. On October 1, 1998, the Defendant agreed on October 1, 1998 to transfer the ownership of Defendant B’s share of 1/2 of G forest land 212 square meters and H forest land 5,102 square meters before division to the Plaintiff, but the Plaintiff did not complete the registration of ownership transfer due to the dispute over the expropriation ruling with the Korea Electric Power Corporation.

After the Plaintiff transferred the instant real estate divided from the Korea Electric Power Corporation with the said G 212 square meters and H 5,102 square meters, the Plaintiff concluded a title trust agreement with the Defendant, selling the instant real estate to the Defendant’s Intervenor in accordance with the instant special agreement. However, the instant real estate is located.

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