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(영문) 대법원 2015.09.10 2014다73794
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Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

A lawsuit seeking the implementation of the procedure for ownership transfer registration on the ground of termination of title trust with respect to a real estate which has been registered for ownership transfer is a lawsuit concerning the disposal of a combination property, which is a combination property, and constitutes an essential co-litigation with which all the joint owners should be determined jointly and severally against all the joint owners (see, e.g., Supreme Court Decisions 96Da23238, Dec. 10, 1996; 2010Da82639, Feb. 10, 201). It does not change solely on the ground that the party seeking the termination of title trust is one of the joint owners.

For the reasons indicated in its holding, the lower court determined that the instant lawsuit brought by the Plaintiff against only some of the joint owners, seeking the implementation of the procedure for ownership transfer registration on the instant real estate that the Plaintiff and the Defendants jointly own, was unlawful.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the above judgment of the court below is deemed to have been based on the legal principles as seen earlier. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to litigation as to aggregate and joint property, internal relationship of title trust, claim for ownership transfer registration based on termination of title trust, unique indispensable co-litigation, right to a trial under the Constitution, etc.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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