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(영문) 서울고등법원 2016.08.30 2015나2047431
소유권이전등기
Text

1. The plaintiff's appeal against U by the defendant B, C, D, E, H, I, R, T, and defendant K against the assignee.

2...

Reasons

1. The appellant who has filed an appeal against the Plaintiff against Defendant B, C, D, E, H, I, R, T, or Defendant K’s assignee U may only file an appeal against the judgment unfavorable to himself. Whether the judgment is disadvantageous to the appellant shall be determined at the time of the appeal, based on the party’s claim and the text of the judgment.

(See Supreme Court Decision 83Da515 delivered on October 25, 1983). The Plaintiff submitted a complaint against the Defendants for ownership transfer registration and delivery based on sale of each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”), and the court of first instance finally reduced the purport of the claim by seeking ownership transfer registration and delivery of each real estate of this case at the same time as the payment of the purchase price to the Defendants through appraisal of the market price of each real estate of this case.

The court of first instance rendered a judgment as to Defendant B, C, D, E, H, I, R, T, and Defendant Acceptance Intervenor as requested by the Plaintiff.

Therefore, the Plaintiff cannot be deemed to have any disadvantage to the Plaintiff, as it is apparent in the record that the said Defendants and the Intervenor joining the Defendant.

Therefore, the Plaintiff’s appeal against the Defendants and the Intervenor accepting the Defendant is unlawful as there is no benefit to file an appeal.

2. Plaintiff’s claim against Defendant F, G, J, K, L, M, N,O, P, and S

A. The reasoning of the judgment of the court of first instance as to this case is that the court of first instance cited “U” in the main sentence of Article 420 of the Civil Procedure Act, except for adding the following judgments as to the matters alleged in the trial of the court of first instance, shall be deemed as K, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The assertion on the market price of each of the real estate in this case as to additional determinations

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