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(영문) 광주고등법원 2018.11.09 2018나20223
소유권이전등기말소 등
Text

1. The defendant D's appeal is dismissed.

2. The total cost of the lawsuit after the filing of the lawsuit is Defendant D.

Reasons

1. In the first instance court, the Plaintiffs requested Defendant D to implement the procedure for cancellation registration of ownership transfer registration, and sought damages from Defendant C in preparation for the dismissal of the above main claim. The first instance court accepted the Plaintiffs’ primary claim against Defendant D and dismissed the conjunctive claim against Defendant C.

Since only the primary Defendant D appealed against this, in principle, the legitimacy of the plaintiffs' claims against Defendant D should be subject to the judgment of this court. However, the subjective preliminary co-litigation, such as this case, is a form of litigation in which all co-litigants settle the dispute between the same legal relations in a lump sum without contradiction (Article 70(2) and (1) of the Civil Procedure Act) and a judgment on the claims against all co-litigants is rendered (see, e.g., Supreme Court Decision 2009Da104960, 104977, Mar. 27, 2014). In this case, the part of the claims against the other co-litigants is prevented from becoming final and conclusive and transferred to the appellate court (see, e.g., Supreme Court Decision 2009Da104960, 104977, Mar. 27, 2014).

2. Facts of recognition;

A. On November 3, 2013, Plaintiff A and Defendant C’s sales contract, etc. (1) Plaintiff A and Defendant C’s sales contract, etc.) the real estate indicated in attached Table 1 List 1 Paragraph (1) from Defendant C on November 3, 2013 (hereinafter “instant land”).

(A) the real estate listed in [Attachment I] and [Attachment I] Section 2 (hereinafter “instant building”).

(B) The part B (around 660 square meters; hereinafter referred to as “B”) connected in sequence of each point of Annex B No. 6, 7, 8, 9, 10, 11, and 6 among the land in this case by dividing B as shown in the attached Form No. 2.

과 이 사건 건물 중 별지2 도면 표시 ㅋ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ의 각 점을 차례로 연결한 선내...

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