(영문) 춘천지방법원 2014.09.19 2013나4436 | 리걸엔진

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(영문) 춘천지방법원 2014.09.19 2013나4436

소유권이전등기

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant, as the Plaintiff

(a) the real estate listed in the Schedule;

Reasons

1. In the case of trial, the scope of trial at the trial - The trial on the primary claim the judgement of which is omitted in the first instance;

A. As a claim against the Defendant, the Plaintiff sought implementation of the procedure for the registration of ownership transfer based on the restoration of real name on the ground that the registration of ownership transfer with respect to a co-owned share held by the Defendant was illegally completed (hereinafter “the primary claim of this case”), and (2) as a preliminary claim for the registration of ownership transfer with respect to the above co-owned share (hereinafter “the preliminary claim of this case”), and (2) as a separate claim for the delivery of the pertinent real estate and the return of unjust enrichment (hereinafter “claim for the delivery, etc. of the instant real estate”), the first instance court, without determining the primary claim of this case, dismissed the preliminary claim of this case and accepted part of the claim for delivery, etc. of the instant real estate. The Plaintiff appealed against the losing part of the claim as above.

B. However, the preliminary combination of claims is a combination of claims seeking a trial on the conjunctive claim (the second claim) under the condition that the acceptance is not accepted among several joined claims (the first claim). In the case of such preliminary consolidations, the judgment shall be made in accordance with the order attached by the plaintiff, and in the case of rejection of the main claim, the judgment shall be made in accordance with the order of priority attached by the plaintiff, and in the case of acceptance of the main claim, the judgment shall be made in the case of the second claim, and in the case of acceptance of the main claim, the judgment accepting the main claim shall be made in the next order. Therefore, the judgment accepting the main claim shall be the judgment in the whole, which is the judgment of the court of first instance, and the next preliminary claim

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