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(영문) 서울고등법원 2015.05.12 2014나51468
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

A. At the ancillary claim of the Plaintiff as added at the trial, I.D.

Reasons

1. In the first instance court, the Plaintiff filed a claim against the Defendant for the implementation of the procedure for the registration of ownership transfer based on the cancellation of title trust against each real estate listed in the separate sheet Nos. 1, 2, 3, and 5, on the premise that the Plaintiff falls under a clan, and the court of first instance dismissed the claim.

Therefore, the plaintiff filed an appeal against the judgment of the court of first instance and expanded the claim by adding to the real estate listed in the separate sheet No. 4 as to the primary claim, and even if the plaintiff's clan constitutes a clan similar organization, on September 3, 2001, the plaintiff purchased each real estate listed in the separate sheet No. 1 through No. 4, and subsequently completed the registration of ownership transfer to the defendant on September 3, 2001 (the third party registered title trust) and newly constructed the real estate listed in the separate sheet No. 5 on December 20, 204, and each of the above registrations in the name of the defendant under each title trust to the defendant is invalid, on the premise that each of the registrations listed in the separate sheet No. 1 through No. 4 are invalid, the plaintiff's heir, who is the owner of each real estate listed in the separate sheet No. 5, is the original acquisitor, and the defendant was additionally claimed for the implementation of the registration procedure on ownership transfer due to the restoration of each real name.

The plaintiff filed an appeal, and the Supreme Court reversed the part concerning the conjunctive claim in the judgment prior to the remand and remanded it to this court.

Therefore, among the plaintiff's claim against the defendant, the primary claim is finalized, and only the preliminary claim added by the court prior to the remand is the scope of the trial after the remand.

2. Basic facts

A. The Plaintiff is an organization that is composed of descendants in the form of C 15 k'D, and the Defendant is C 22 k's, while the F clan, which is a C 11 k's k's k', separately.

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