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(영문) 창원지방법원 2016.11.10 2015나35410
소유권이전등기
Text

1. At the preliminary claim added at the first instance prior to the return:

A. The defendant shall be the defendant's forest C. of Changwon-si Msan-si.

Reasons

1. After remanding the case, the Plaintiff requested the Defendant to implement the registration procedure for ownership transfer based on the cancellation of title trust, on the premise that the Plaintiff and the Defendant directly concluded a title trust agreement with respect to the forest land of 381 square meters (hereinafter “the forest land of this case”) in the first instance trial, Msan-si, Changwon-si, Changwon-si (hereinafter “instant forest”).

The first instance court appealed all of the plaintiff's claims by judgment without holding any pleadings.

In addition to the conjunctive claim in the first instance trial prior to the return, the Plaintiff sought a cancellation registration procedure for the registration of ownership transfer under the name of the Defendant on the premise that a title trust agreement was concluded between the Plaintiff and the deceasedJ with respect to the forest of this case, the Plaintiff, one of the successors of the J, sought a cancellation registration procedure for the registration of ownership transfer under the name of the Defendant on the ground of termination of title trust with respect to the shares of the Defendant’s inheritance among the forest of this case,

The first instance court prior to the first instance court revoked the judgment of the first instance and dismissed the instant lawsuit on the ground that the Plaintiff filed the instant lawsuit without a legitimate resolution of the general meeting of clans, and the Plaintiff appealed and appealed. The Supreme Court reversed the judgment prior to the first instance court to the second instance court and remanded to the second instance court.

Before the second refund, the appellate court revoked the judgment of the first instance, dismissed the plaintiff's primary claim, dismissed the part of the claim for the cancellation of registration of ownership preservation, and dismissed the plaintiff's remaining conjunctive claims among the plaintiff's conjunctive claims.

As the plaintiff appealed, the Supreme Court's appeal concerning the plaintiff's primary claim is dismissed, while it is obvious that the judgment that reversed the part concerning the conjunctive claim in the judgment prior to the second return is reversed.

Therefore, the part against the plaintiff prior to the second instance except for the part concerning the plaintiff's conjunctive claim is reversed at the same time as the second instance judgment is rendered.

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