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(영문) 대구지방법원 2018.04.05 2017나310836
소유권이전등기
Text

1. Of the judgment of the first instance court, the part that became final and conclusive by the judgment of remand (Supreme Court Decision 2015Da234657 Decided August 18, 2017) is excluded.

Reasons

1. Scope of trial of this court after remand;

A. The instant case No. 1) The Plaintiff filed against the Defendant with Kimcheon-si AC road 295 square meters (hereinafter “instant land”).

(2) On February 13, 1989, the first instance court rejected the Plaintiff’s primary claim on November 26, 2014 and accepted the conjunctive claim. (2) The first instance court dismissed the Plaintiff’s primary claim on November 26, 2014 and appealed against the judgment of the first instance court. The first instance court accepted part of the Defendant’s appeal and dismissed the Plaintiff’s primary claim on August 13, 2015, while the Plaintiff’s primary claim on August 13, 2015, the attached appraisal among the instant land is dismissed, and the Plaintiff’s primary claim on August 13, 2015, connected each point of “the Plaintiff’s conjunctive claim on a partial 52 square meters” 1. The first instance court dismissed the Plaintiff’s conjunctive claim on “the attached appraisal” and “the main claim on each of the instant land” 5,6,7,15, and 5.

3. On August 18, 2017, only the Plaintiff appealed on the part against the Plaintiff in the judgment before remanding. The Supreme Court reversed the part against the Plaintiff regarding the conjunctive claim in the judgment before remanding the case and remanded the case, and rendered a judgment dismissing the remainder of the Plaintiff’s appeal.

B. The scope of the judgment of the court before the remand and the part of the main claim in the judgment before the remanding and the part of the ancillary claim in the attached Form 1 among the land in the instant case, which is subject to the judgment of the court after the remanding, are limited to the part of the conjunctive claim in the attached Form 1, which is indicated in the "bb" and "c

2. Basic facts

A. From around 1988, the Plaintiff performed the “O Corporation” from Macheon-si to Nacheon-si, Kimcheon-si (hereinafter “instant construction”). Of the 1,140 square meters of the Kimcheon-si AD Forest owned by the network U at that time, the Plaintiff is partly part of the 1,140 square meters and its neighboring areas.

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