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(영문) 수원지방법원 2018.10.30 2017나84693
소유권이전등기말소등기절차이행 등
Text

1. The plaintiff's appeal against C and D shall be dismissed, respectively.

2. The Plaintiff’s designated parties and the remaining designated parties.

Reasons

1. The scope of this Court’s adjudication (as against Appointed C, D)

A. From the trial on April 10, 2018, Defendant (Appointed Party) reported at the trial on April 10, 2018 to the designated parties of the designated parties (hereinafter “Bmers”) except for the designated parties C, D, and the aforementioned designated parties (hereinafter “Bmers”) (the foregoing report had the seals C, D), and reported the change of the designated parties to be excluded from the designated parties C, and D on July 19, 2018.

However, in order to see that the above changeer C and D is revoked, C and D must indicate their intention and affix their seals on the change.

Since there is no indication or seal of the cancellation intention of C and D in the above report, it cannot be viewed as cancellation of the selection act.

B. In the first instance trial, the Plaintiff filed a registration procedure for cancellation of each ownership transfer registration of this case concerning the instant real estate against the designated parties to the clan, the remaining designated parties, C, and D, except for the designated parties to the clans of this case (However, with respect to the designated parties C, D, and their remainder of the designated parties, the grounds for registration were primarily asserted as the sale on December 24, 1987, and as the preparatory completion of acquisition on January 17, 2009). The Plaintiff accepted all the Plaintiff’s claims against the designated parties who are the right holders of the instant real estate, and dismissed the Plaintiff’s primary claim and the first preliminary claim against the designated parties who are the same right holders of the instant real estate, the clans of the designated parties, and the remaining designated parties who are all the same right holders of the instant real estate, on the ground that the ownership transfer registration of this case does not constitute invalidation of the cause.

(c) Many persons who have a common interest may select the designated parties to be the parties for all of them in accordance with Article 53 of the Civil Procedure Act, and such appointed parties shall be those parties who have received comprehensive authorizations for the performance of their duties from the designated parties, and shall not have any special agreement.

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