(영문) 서울고등법원 2018.06.22 2018나9076 | 리걸엔진

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(영문) 서울고등법원 2018.06.22 2018나9076

소유권이전등기

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1. The plaintiff's second preliminary claim that was added by this court shall be dismissed.

2. The plaintiff's appeal and objection.

Reasons

1. The scope of the judgment of this court was sought by the plaintiff to deliver the same building as that of the registration of transfer of ownership on each building listed in the list in the first instance trial (attached Form 1), and was sentenced by the court of the first instance on October 10, 2013 to dismiss the lawsuit for the registration of transfer of ownership and to dismiss the claim for transfer of building. The plaintiff appealed to the whole judgment of the first instance court, appealed to the first instance court, and changed the lawsuit first claim for the registration of transfer of ownership, first preliminary claim for the registration of loss and second preliminary claim for the registration of transfer of ownership, second preliminary claim for the registration of transfer of ownership, and second preliminary claim for the registration of transfer of ownership. The court of the appellate court prior to remand dismissed the lawsuit on December 4, 2014, but accepted the first preliminary claim for the registration of transfer of ownership, and only the defendant appealed to the court of final appeal on March 27, 2018, and the facts that the part of the judgment of the appellate court prior to remand was reversed and remanded to this court are apparent.

Therefore, the portion of the plaintiff's claim for the transfer registration of ownership that is not the object of reversal and return is finalized at the same time with the declaration of reversal and return of the judgment on the claim for the transfer registration of destruction which is the main preliminary consolidation. Thus, the scope of the judgment of this court after remand is limited to the first preliminary claimant, the second preliminary claimant's claim for the transfer registration and the first claim

2. Facts of recognition;

A. On September 16, 2003, the Plaintiff newly constructed a building listed in the list (attached Form 2 (hereinafter “commercial building”), and completed registration of initial ownership as to the 31 store listed in the list (attached Form 1) of the second floor of the commercial building (hereinafter “instant store”).

B. The following facts are the parties at the time of registration of initial ownership.

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