logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.08.18 2019나67053
소유권이전등기
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, except for those emphasizing or adding the following arguments in this court, and even if the evidence submitted to the court of first instance shows the evidence submitted to this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning for the court’s explanation on this case is as follows: “Article 12 subparag. 2 of the 8th judgment of the court of first instance” is “Article 1.c. 2; “Article 14 subparag. 1 of the 14th judgment” is “Article 1.c. 1 of the 14th judgment; “Article 1.c. 1 of the 14th judgment” is “Article 1.c. 1 of the 14th judgment; “Witness 6 of the 9th judgment” is respectively “Article 1.c. 1 of the 14th judgment; and “Additional Decision” is the same as the Defendant’s part of the grounds for the judgment of first instance, except for the addition of “the 2. additional decision” under this court

2. Additional determination

A. As to the road in this case, the judgment of the court of first instance recognized the obligation to implement the procedure for ownership transfer registration of Q and R among the co-defendants P of the court of first instance, and the obligation to implement the procedure for ownership transfer registration of Q and R against the plaintiffs. In order for the above obligation to be fulfilled, the defendant's procedure for registration cancellation of ownership transfer registration due to the invalidation of the cause for the above P type should be premised on the implementation of the procedure for registration cancellation of ownership transfer registration of the above P type. Thus, the defendant is obliged to implement the procedure for registration cancellation of ownership transfer

B. Where the registration of ownership transfer has been made in succession, the lawsuit seeking the cancellation against the final holder of a title and the lawsuit seeking the registration of ownership transfer against the immediately preceding holder is not an essential co-litigation, but an ordinary co-litigation, which requires the combined confirmation of legal relationship, and such a common co-litigation may be contradictory to the difference in the method of attack and defense among the co-parties.

arrow