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(영문) 부산지방법원 2019.11.27 2019나48233
지분소유권이전등기 절차이행
Text

1. To dismiss the plaintiff's claim that is changed in exchange in this court.

2. The Plaintiff’s total costs of litigation.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. In the first instance court, the Plaintiff sought implementation of the procedure for registration of transfer of ownership based on the termination of mutual title trust with respect to the share of 6/7 of the part stated in the purport of the claim among the instant building. However, the court held that it is impossible to register the division of the part stated in the purport of the claim because it became impossible for this court to register the division of the part stated in the purport of the claim to confirm that the instant real estate is owned by the Plaintiff, and the Defendant stated that he consented to the withdrawal of the previous claim

However, Article 262(1) of the Civil Procedure Act provides that “the plaintiff may alter the purport or cause of the claim until the conclusion of pleadings within the extent that the basis of the claim is not altered, and the same shall not apply where the purport or cause of the claim is significantly delayed.”

The Plaintiff’s request for change of exchange is legitimate for the following reasons by satisfying all the requirements of Article 262(1) of the Civil Procedure Act.

Therefore, despite the defendant's father's consent, only the claim for the confirmation of ownership changed in exchange in this court is subject to the judgment of this court.

① The Plaintiff’s claim before and after the filing of the amendment refers to the Plaintiff’s sole ownership of the part stated in the purport of the claim in the instant building, and the ownership of 6/7 shares is title trust to the Defendant, and is derived from the same basic facts or economic benefits, and there is no change in the basis of the claim, since only the method of resolving

② The Plaintiff filed an application for exchange change of the claim with this court, but the previous data for the purpose of examining the new claim was not changed due to the change of the basis of the claim before and after the change.

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