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(영문) 서울고등법원 2015.01.16 2014나2015369
소유권보존등기말소 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. In the first instance trial, the plaintiffs are primarily and primarily; ① implementation of the procedure for cancellation registration of registration of ownership preservation on real estate in the attached list 1 through 18 for the defendant Republic of Korea; ② implementation of registration of ownership transfer on real estate in the attached list 6 for the defendant C; ③ implementation of procedure for cancellation registration of ownership transfer on real estate in the attached list 12 for the defendant D; ③ confirmation between the plaintiffs and the defendant Republic of Korea that the ownership of real estate in the attached list 19,20 on real estate in the attached list 19,20 is in the plaintiffs; and ③ in the preliminary case, the defendant Republic of Korea seeks confirmation from the plaintiffs that the plaintiffs and the defendant have ownership of real estate in the attached list 10,000,000,050 and delay damages for delay; ② the plaintiffs and the defendant Republic of Korea have ownership of each real estate in the attached list 19,20.

As to this, the court of first instance, among the parts concerning the plaintiffs' primary claims, the part of the claims that the plaintiffs sought to implement the procedure for registration of cancellation of registration of preservation of ownership of real estate in the attached list No. 3 through No. 18 of the above part of the claims, and the claims No. 2 and No. 3 of the attached list, but the claims No. 1 and No. 2 of the attached list did not appeal against all the primary

Therefore, the plaintiffs' primary and conjunctive claims on real estate in the attached list 1 and 2 shall be excluded from the subject of the party members' judgment.

2. The court's explanation on this part of the basic facts is identical to Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the text of Article 420 of the Civil Procedure Act.

3. Determination

A. Determination 1 on the claim for the real estate of 3 to 18 is as follows: (a) whether the Defendant’s claim is filed against the Republic of Korea; (b) whether K and the Plaintiffs’ preference K are the same person.

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