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(영문) 서울고등법원 2015.11.06 2014나59110
소유권이전등기 등
Text

1. Paragraphs 2 and 3 of the judgment of the court of first instance, including the Plaintiff’s conjunctive claim changed at the trial court, are as follows.

Reasons

1. After remanding the case, the plaintiff at the first instance court against the defendant the execution of the procedure for the registration of ownership transfer due to the sale of the copy of the complaint of this case and the transfer of each of the above real estate as to the real estate listed in paragraphs 1 through 6 of the attached Table No. 1 (hereinafter referred to as the "road of this case") and the real estate listed in Paragraph 7 of the attached Table No. 7 of the attached Table No. 43/154 (hereinafter referred to as the "share of the land of this case") and sought from the defendant at the first instance court for the execution of the procedure for the registration of ownership transfer due to the sale on March 27, 2011 and the transfer of each of the above real estate. The first instance court dismissed the plaintiff's main claim and rendered a judgment of citing a part

As to this, only the defendant appealed, and the plaintiff appealed only for the conjunctive claim, and the court of the first instance prior to the remand dismissed the defendant's appeal and rendered a decision to change the part concerning the conjunctive claim in the first instance judgment based on the plaintiff's incidental appeal brought in the court of the first instance prior to the remand. Accordingly, the part of the judgment against the defendant in the judgment prior to the remand is reversed, and that part is remanded to the Seoul High Court.

As above, the part of the primary claim is not subject to the judgment before the remand due to the failure of the losing plaintiff to appeal, and it is confirmed separately from the judgment of the court of first instance before the remand. Thus, the part of the primary claim is excluded from the object of the judgment after the remand. Ultimately, the scope of the trial after the remand is limited to the part of the plaintiff's preliminary claim which was reversed and remanded.

2. The following facts do not conflict between the parties, or evidence A from Nos. 1 to 3 (the evidence No. 14 is the same as evidence No. 3), evidence No. 4-1 to 7, evidence No. 5, and evidence No. 5.

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