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1. The appeal by the Plaintiff (Appointed Party) against the part on the claim for land transfer shall be dismissed;
2. Judgment of the court of first instance;
Reasons
1. Examining the omission of the judgment of the court of first instance and the judgment and records of the court of first instance subject to the judgment of this court, the plaintiff claimed not only the plaintiff's claim against the defendant as to each land listed in the separate list of real estate in this case against the defendant as well as the claim for the execution of the procedure for the registration of cancellation of the registration of cancellation under the defendant's name, which was completed on September 4, 1963 by the receipt No. 7803, which was completed on September 4, 1963. The court of first instance dismissed the plaintiff's claim in the order of the judgment and did not state only the claim for cancellation of the registration of cancellation, and the claim for the transfer of land was not stated in the purport of the judgment, and did not state all the part of the claim for the registration of cancellation.
Therefore, since the judgment of the court of first instance cannot be deemed to be a judgment on the whole of the claims, it is reasonable to view that there was no first instance judgment on the part of the claim for land delivery omitted from the purport and reason of the judgment.
Therefore, in this case, the part concerning the claim for the transfer of land is still pending in the first instance trial and is not subject to legitimate appeal. Therefore, the appeal concerning this part is unlawful, and only the claim for cancellation registration is subject to the judgment of this court.
2. Determination on the claim for cancellation registration of ownership preservation
A. 1) On October 1, 1913, B completed the land condition and preservation registration under B, the land condition and preservation registration was completed on October 1, 1913, each land listed in the separate list of real estate in the 1,689 (the change of the name of the administrative district, the conversion of the area into the unit, and the division of the land; hereinafter referred to as “each land of this case”).
(1) Meanwhile, the Defendant’s registration of ownership preservation (hereinafter “registration of ownership preservation”) of each of the instant land under the name of the Plaintiff No. 7803, Sept. 4, 1963.