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(영문) 서울고등법원 2020.02.06 2019나2017421
소유권이전등록
Text

1. The plaintiff's appeal is dismissed.

2. The claims of the independent party intervenor added by this Court shall be included.

Reasons

When an independent party intervention in a lawsuit by an independent party intervention pursuant to Article 79 of the Civil Procedure Act is deemed lawful and a judgment on the merits is rendered on the lawsuit between the plaintiff, the defendant, and the independent party intervenor, a final judgment shall be rendered in the name of the said three parties, and a single final judgment shall be rendered in the name of the said three parties, thereby making a joint and conclusive conclusion between the said three parties. In a case where one of the parties has lodged an appeal on such merits, the final judgment of the first instance shall be interrupted

In such cases, the subject of the appellate court's judgment shall be limited to the scope of objection expressed in the purport of appeal by the person who filed the actual appeal, but the scope of the judgment should be determined by considering the necessity of the conclusion of the conclusion between the three parties

(See Supreme Court Decision 2009Da71312, 71329, 71329, 71336, 71343 Decided November 13, 2014, etc.). The Plaintiff requested the Defendants to file a principal lawsuit against the Defendants for the registration of preservation of ownership and the registration of cancellation of transfer of ownership, and the independent party intervenor (hereinafter referred to as “convenor clan”) requested the Defendants to implement the registration procedure of transfer of ownership for the reason of cancellation of title trust. The first instance court dismissed the Plaintiff’s claim against the Defendant S, T, U,V, W, X (hereinafter referred to as “Defendant S”), and accepted the claim against the remaining Defendants of the Intervenor’s clan (hereinafter referred to as “Defendant C, etc.”).

As Defendant C et al. did not appeal the judgment of the first instance but appealed only by the Plaintiff and the clan Intervenor, the part which the first instance court accepted the claim against Defendant C et al. from among the claims filed by the intervenor of the clan, may be deemed excluded from the subject matter of adjudication by the court of first instance. However, the part of the claim against the above Defendants by the intervenor of the clan cannot be compatible with the claim against the above Defendants by the plaintiff,

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