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(영문) 서울중앙지방법원 2016.08.10 2016나13085
소유권이전등기 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal between the plaintiff A and the defendant shall be borne by the defendant.

Reasons

1. The scope of the judgment of this court is that the defendant and the co-defendant D, E, F, G, H, H, K, K, L, M, and N are the land listed in the separate sheet (hereinafter “each land of this case”), among the land listed in the separate sheet against the defendant and the co-defendants of the first instance court (hereinafter “the plaintiff’s clan”), the defendant and the co-defendants of the first instance court claim to confirm that the share in the name of the plaintiff’s clan is the ownership of the plaintiff’s clan, and the co-defendants of the first instance court filed a claim against the co-defendants of the first instance court for the transfer of ownership due to the cancellation of title trust, and the claim for the transfer of ownership and the claim for unjust enrichment against the defendant for the transfer of ownership based on the cancellation of title trust with respect to each share in the name of the defendant among each land of this case listed in the separate sheet (the plaintiff’s preliminary claim for the transfer of ownership with respect to each share in the defendant’s name among each land listed in the separate sheet).

The first instance court rejected the part of the claim for confirmation of ownership of the plaintiff clan, and accepted the part of the claim for registration of ownership transfer against the defendant of the plaintiff clan and the co-defendants of the first instance court, and rendered the judgment of the first instance court that partly accepted the claim for restitution of unjust enrichment against the defendant of the plaintiff clan and dismissed the part of the claim for registration of ownership transfer against the defendant

The defendant only appealed against the plaintiff clan, but the plaintiff's primary claim and the preliminary claim for the plaintiff's clan for the plaintiff's preliminary co-litigation as stipulated in Article 70 of the Civil Procedure Act.

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