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1. Of the part of the judgment of the court of first instance, the payment order against the defendant exceeds the following amount.
Reasons
1. C (hereinafter referred to as “C”) which is an independent party intervenor in the first instance trial, applied for intervention in the case of the first instance court. However, C did not file an appeal, and C filed an incidental appeal, and the Plaintiff filed an incidental appeal. Thus, the part rejecting the application for intervention in the independent party was determined separately from the Plaintiff’s principal claim against the Defendant, notwithstanding the Defendant’s appeal and the Plaintiff’s incidental appeal.
(see, e.g., Supreme Court Decision 91Da4669, 91Da4676, May 26, 1992). Accordingly, the subject of adjudication by this court is limited to the Plaintiff’s claim against the Defendant.
2. Basic facts
A. On March 17, 1978, the Plaintiff married with the Defendant’s imprisonment C, but divorced on November 4, 199.
C was investigated by suspicion of occupational embezzlement, etc. in relation to the operation of school juristic persons D, which was operated at the time of January 16, 1999, and came to Indonesia.
B. Of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the registration of transfer of ownership in the name of the Plaintiff was completed on the grounds of the sale on July 20, 1995 with respect to Edong (hereinafter “Edong”) of the Cheongju-si on August 17, 1995, due to the sale on July 20, 1995, as to G on July 21, 1984, due to the sale on July 20, 1984, as to H on December 17, 1984, due to the sale on November 13, 1984.
C. C, with respect to the total eight real estate including each of the instant real estate, filed a claim against the Plaintiff for the implementation of the procedure for ownership transfer registration due to the termination of title trust on the total eight real estate including each of the instant real estate, and the payment of damages due to the Plaintiff’s embezzlement.
A lawsuit seeking B was filed (Seoul Southern District Court 2013Gahap2000). On July 17, 2015, the above court rendered a ruling that each of the instant real estate should be implemented on February 12, 2013 on the grounds of the termination of title trust.
Accordingly, the Plaintiff.