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(영문) 광주고등법원 2015.05.29 2014나1446
소유권이전등기 등
Text

1. Of the instant lawsuit, the part of the Plaintiff’s primary claim against the Defendant is withdrawal of the Plaintiff’s lawsuit on March 27, 2015.

Reasons

1. After remand, the Plaintiff’s scope of the trial following the remanded case is attached to the Plaintiff’s title trust owned by the Plaintiff jointly with “C and two others” or “C and three others.”

2. and Attachments

3. Attached Form C, the inheritor for each item of real estate recorded.

1. The co-defendants of the trial court prior to the remanding indicated in the “list of the Defendant” (hereinafter referred to as the “co-defendants”) voluntarily transferred their shares in partnership with the Defendant to the Defendant, and thus, the registration of ownership transfer in the name of the Defendant as to each of the above real estate is null and void. In so doing, the title trust contract is terminated by the delivery of the instant petition of appeal, and the title trustee C’s co-defendants by subrogation of the co-defendants, who are the inheritors of the title trustee C, seek for the co-defendants to implement the

1. The Defendant’s list of “relevant shares” sought implementation of the ownership transfer registration procedure based on the termination of title trust with respect to each share recorded in the “relevant shares” column.

The court before remanded the above plaintiff's claim against the defendant and co-defendant, and the defendant and co-defendant appealed. The Supreme Court reversed the part against the defendant in the judgment prior to remand ex officio, while the co-defendant's appeal was dismissed.

Therefore, since the part between the plaintiff and the co-defendants in the judgment before remanding the case becomes final and conclusive by the above dismissal judgment, the subject of the judgment after remanding the case is limited to the plaintiff's claim against the defendant.

2. The basic fact is that the plaintiff is a clan with a unique meaning of D's 10 years old E's 10 members of D', and the defendant is a clan with the above E's 20 years old members of C (Death of October 1, 1965) as a joint ancestor, and the intervenor is a clan with AC (AC and C's 18 years old descendants) as a joint ancestor.

The plaintiff

2.As well as Annex 3.

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