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Reasons
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(영문) 대전고등법원 2020.07.09 2020나10785
소유권이전등기
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1. The part concerning a counterclaim in the judgment of the first instance shall be revoked;

2. Plaintiff (Counterclaim Defendant), Inc., A.

Reasons

1. Scope of adjudication on the principal lawsuit of this case by the court;

A. In the first instance court with respect to the main claim, ① the Plaintiff filed a claim for the payment of the damages for delay from November 1, 2017, ① the implementation of the procedure for ownership transfer registration based on an agreement on January 20, 2017, and the removal of the part “1” portion of the real estate tank 4m2 and the above land 3.14m2, and the damages for delay from the date of filing a claim for damages, ② the Plaintiff B, C, and D filed a claim for the removal of the part of the attached Form 2 drawings among the real estate listed in the attached Table 1 List 1 List 7, 2017, and the Plaintiff’s claim for removal of the attached Form 1, 2, 3, 4, and 1, and 14m2, and the part of the attached Table 2 drawings among the real estate listed in the attached Table 1 List 1 List 7,200m2 and the part of the attached Table No. 1, 37,500m2 and each of the above land.

B. Accordingly, among the part against the plaintiff as to the main lawsuit in the judgment of the court of first instance, the plaintiff A appealed only to the claim for the execution of the procedure for ownership transfer registration on each real estate listed in the attached Table 1 List 1 (1) through (6) (the part concerning the main claim in the above 1) and did not appeal to the remainder of the claim for damages (the part 1). The defendant appealed only to the part against the plaintiff B, C, and D (the part concerning the main claim in the judgment of first instance) from among the part against the defendant as to the main claim in the judgment of first instance, and did not appeal to the remaining part (the part concerning the judgment below 1) against

C. Accordingly, the subject of the adjudication on the merits of this Court shall be as follows: (a) the losing party appealed respectively; and (b) the list No. 1 to No. 1 of the Plaintiff A.

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