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(영문) 서울고등법원 2013.09.05 2013나2002830
소유권이전등기
Text

1. As to the conjunctive claim filed by the plaintiff (the intermediate confirmation defendant) A against the defendant (the intermediate confirmation plaintiff) in the judgment of the first instance.

Reasons

1. Regarding the legitimacy of the lawsuit for interim confirmation in this case, the defendants seek confirmation of the validity of the lawsuit for interim confirmation in the court of first instance as to whether the lawsuit for interim confirmation is legitimate, and when the real estate stated in the purport of the claim has been registered in the name of plaintiff A in the future pursuant to the plaintiffs' claim in this case, the plaintiff A has the obligation to pay the defendants capital gains tax, local income tax, etc. to the defendants. The lawsuit for interim confirmation is filed when there is dispute between the parties as to the judgment of the original claim during the lawsuit, and the lawsuit for interim confirmation is filed to seek confirmation of the legal relationship. The matter for which the defendants seeks confirmation as the lawsuit for interim confirmation is already filed by the defendants as a lawsuit for simultaneous performance, and is merely the matter for which the plaintiff's claim for interim confirmation is already accepted, and cannot be deemed as the legal relationship with the plaintiff's original claim or preemptive relation (the defense for simultaneous performance cannot be viewed as removal of the plaintiff's right to refuse to perform his obligation until the counter-party's performance of obligation in the consideration relation, and cannot be established or terminated of the defendants's legal relation.

The lawsuit for intermediate confirmation of this case is unlawful.

2. The reasons why the court should explain this case in this case are added to “(Defendant G3/9 shares, and 2/9 shares of the remaining Defendants)” after the 5th judgment of the court of first instance, and “the plaintiff” in the 9th judgment of the court of first instance as “the defendant,” and “the defendant,” in the 14th judgment of the court of first instance.

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