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(영문) 서울고등법원 2018.11.28 2018나2020130
소유권이전등기의 말소
Text

1. Part on Defendant B and Jeju Special Self-Governing Province among the judgment of the first instance upon the conjunctive claim that was changed by this court.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff sought against the Defendant Republic of Korea the implementation of the procedures for ownership transfer registration of each land listed in the separate sheet Nos. 1, 2, 3, and 5, and (2) primarily sought from Defendant B, and Jeju Special Self-Governing Province the implementation of the procedures for ownership transfer registration of each land listed in the separate sheet Nos. 4, 6, and 11, and sought damages for tort against the Defendant Republic of Korea.

On the other hand, the first instance court rejected Defendant B and Jeju Special Self-Governing Province's primary claim and partly accepted Defendant's conjunctive claim against Korea.

Accordingly, among the judgment of the first instance, the plaintiff appealed against the part of dismissal of the conjunctive claim against the defendant's Republic of Korea.

B. In a subjective preliminary co-litigation, where an appeal is filed against any one of the main co-litigants and the conjunctive co-litigants, the part of the claim against other co-litigants shall be transferred to the appellate court, and in such a case, the subject of the appellate court’s judgment shall be determined by taking into account the necessity of the conclusion of the conclusion between the main preliminary co-litigants and their parties.

(See Supreme Court Decision 2009Da43355 Decided February 24, 2011, etc.). C.

The plaintiff's primary claim against the defendant B and Jeju Special Self-Governing Province and preliminary claim against the defendant's Republic of Korea can be recognized only one of the two claims as a result of the execution of the procedure for the registration of ownership transfer for each land listed in the separate sheet Nos. 4, 6, and 11.

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