logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.07 2015나31836
임차권설정등기 등 말소
Text

1. The Plaintiff’s reputation development corporation, national bank, R, and Defendant (Appointed Party)’s appeal against BG.

Reasons

1. We examine whether the Plaintiff’s appeal against Defendant Fame Development Co., Ltd., National Bank, R, and Defendant (Appointed Party) is legitimate or not, ex officio, against Defendant Fame Development Co., Ltd., Ltd., National Bank, R, and Defendant BG.

Since an appeal is seeking change in favor of oneself in relation to a judgment disadvantageous to himself/herself, it is in principle that no appeal is permitted against a judgment that won the entire winning case, and whether a judgment is disadvantageous to an appellant or not shall, in principle, be determined based on

(see, e.g., Supreme Court Decision 96Da12276, Oct. 24, 1997). The fact that the first instance court rendered a judgment citing the Plaintiff’s claim against the said Defendants is apparent in the record.

Therefore, the Plaintiff’s appeal against the above Defendants is dismissed since it is unlawful as there is no interest in the appeal since it is an appeal against the entire winning judgment.

(hereinafter) The remainder of the Defendants other than the above Defendants and BI only turn on the designated parties BI (hereinafter “Defendants”). 2. Basic facts

A. On September 21, 2006, the Plaintiff is the Plaintiff’s status 1) No. 101 of the underground floor of the BR department store located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “Ground 101”).

(2) The Defendants are listed in [Attachment 101] underground in the auction procedure and completed the registration of ownership transfer.

2. Each of the stores listed in the real estate list (hereinafter “each of the stores of this case”) is the lessee or its heir.

B. 1) BP corporation (hereinafter “BP”) regarding each of the stores of this case

(2) In order to operate the department store, the Plaintiff sold each of the instant stores on the ground of large 3,104.9 square meters in Seo-gu Incheon, Seo-gu, Incheon. However, since then, the Plaintiff could not sell the said buildings to others in order to operate the department store pursuant to the laws and regulations, BP is the number of buyers of each of the instant stores.

arrow