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(영문) 광주고등법원(제주) 2017.07.05 2016나20
부동산인도등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court’s explanation of the instant case is as follows: (a) the reasoning of the judgment of the court of first instance is as stated in the column of reasons for the part concerning the Defendants in the judgment, except for the addition of the following 2.2. As to the newly asserted matters in the court of first instance, it shall be cited as it is in accordance with the main sentence of Article

2. In addition, Defendant Cheong Fisheries, C, D, and E, the Plaintiff, after completing the registration of ownership transfer of each of the instant real estate, filed a fraudulent revocation lawsuit against the Plaintiff regarding each of the instant real estate and obtained a final and conclusive judgment in favor of the Plaintiff, the Plaintiff is deemed to have retroactively lost the ownership of each of the said real estate. Accordingly, the instant lawsuit seeking to transfer the said real estate against the Defendants on the premise that the Plaintiff is the owner of each of the said real estate, is an unlawful lawsuit without standing to sue.

However, in a lawsuit for performance, the plaintiff's standing to sue as the plaintiff's own claim is nominal and the judgment is added to the judgment as to the propriety of the claim, so the plaintiff who asserts his/her right to claim performance becomes a legitimate plaintiff (see, e.g., Supreme Court Decision 9Da31568, Sept. 7, 199). Thus, in this case, the plaintiff asserts that he/she is the owner of each of the real estate of this case and sought to deliver each of the above real estate to the defendants, thereby becoming standing to sue. Whether the ownership of each of the above real estate belongs

Therefore, the main defense of the above Defendants is without merit.

[On the other hand, evidence No. 23, No. 24 (including paper numbers; hereinafter the same shall apply)

According to the overall purport of each of the statements and arguments, the creditor R and Q against the Plaintiff as to each of the instant real estate shall be subject to revocation of the fraudulent act against the Plaintiff.

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