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(영문) 수원지방법원 2017.02.15 2016나9510
가등기의 말소등기절차이행청구
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The court of first instance dismissed the Plaintiff’s claim on the principal lawsuit, and among the Defendant’s main counterclaim, the claim for the change of the owner’s name and the claim for the transfer of ownership among the conjunctive counterclaim was accepted, but the remainder of the main counterclaim was dismissed.

Therefore, since only the plaintiff appealed against each part of the losing part, the scope of the judgment of this court is limited to the plaintiff's principal lawsuit and the defendant's main counterclaim, the claim for change of the name of the owner and the preliminary counterclaim.

2. The reasons for the court's explanation of this case are as follows, except for adding "the results of the fact inquiry" to "the results of each request for taxation information submission by the head of the tax office of the Leecheon-gun and the head of the Si/Gun of the Si/Gun in the court of the first instance" under the main sentence of Article 420 of the Civil Procedure Act. Thus, the court's explanation of this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the judgment of the court of first instance is legitimate. Thus, all appeals filed by the plaintiff against the principal lawsuit and counterclaim of this case are dismissed as it is without merit. It is so decided as per Disposition.

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