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TITLE Supreme Court Decision 2009Da104960, 104977 Decided March 27, 2014【Registration of Ownership TransferㆍUnfair Profit Return】 [full Text]
Summary
[1] Whether a conciliation protocol’s invalidity alleged on grounds that the effect of the conciliation protocol (i.e., identical as a finalized judgment) and the content of the protocol contradicts compulsory provisions (negative in principle), and whether such an effect extends to “a legal relationship where the intervenor is a party” included in the protocol (affirmative)
[2] In a case where the portion of a primary and conjunctive claim regarding the primary defendant is not granted, whether a lawsuit may be filed by combining the purpose of petitioning to grant the claim on the conjunctive defendant, which cannot co-exist with the primary claim due to the legal relationship (affirmative)
[3] In a primary and conjunctive co-litigation, whether rendering a judgment for partial litigants or remaining litigants is permissible (negative), and the subject matter of the judgment in a case where either the primary or the conjunctive co-litigant filed an appeal
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