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(영문) 서울고등법원 2017.11.15 2017나2020034
소유권확인 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant, the appointed party) against the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.

2...

Reasons

In this Court’s trial scope, the Plaintiff sought the cancellation of the ownership transfer registration procedure against Defendant B, the execution of the provisional registration for preserving the right to claim ownership transfer registration against Defendant B, the execution of the provisional registration for the purpose of preserving the right to claim ownership transfer registration against Defendant C and D, the execution of the procedure for cancellation of ownership transfer registration against Defendant C and D, the performance of the procedure for cancellation of ownership transfer registration against Defendant C and D, the return of unjust enrichment against Defendant E and F, the implementation of the procedure for cancellation of ownership transfer registration against Defendant E and F, the return of unjust enrichment against Defendant E and F, the return of unjust enrichment against Defendant E and F, and the restitution of the fraudulent act against Defendant E and F, and the cancellation of the fraudulent act against Defendant E and the restoration to original state. Defendant B sought the execution of ownership transfer registration procedure

The court of first instance rejected the above three claims and the above claims, five claims, and seven claims, and dismissed the remaining claims of the plaintiff and the counterclaim of the defendant, respectively.

Accordingly, the part against the plaintiff among the part concerning the main claim of the judgment of the court of first instance, that is, the part against the plaintiff, such as the above (i), (ii), (iv), (vi) the main claim and the conjunctive claim, and thus, the scope of the trial of this court is the part concerning the main claim of the plaintiff, (ii), (iv), (vi) the main claim and the conjunctive claim

The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance shows the materials submitted in this court.

Therefore, the reasoning of the judgment of this court is as follows, since it is the reason for the judgment of the first instance except for deletion or dismissal as follows, it is the same as the reason for the judgment of the court of first instance.

Part 5, part 1, part 7, part 1, part 7, part 15, part 7, part 7, part 8, part 7, and part 7, part 9.

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