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(영문) 서울북부지방법원 2016.02.05 2015나4977

소유권이전등기말소등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why a party member of the court of first instance shall explain this case are as stated in the judgment of the court of first instance, in addition to addition or supplement of the following matters, and therefore, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional and supplementary matters;

A. On the 3rd judgment of the first instance court, “A evidence Nos. 1 through 5, and No. 6-1” is added to the grounds for recognition of No. 13.

B. On the end of No. 6 of the first instance court's decision, "if a judgment becomes final and conclusive formally and conclusive, a claim for the implementation of the procedure for registration of cancellation is made on the ground that ownership transfer is null and void again by a final and conclusive judgment ordering the procedure for registration of ownership transfer is in conflict with res judicata because it denies the right to claim registration of transfer which became final and conclusive (see Supreme Court Decision 94Da61649, Feb. 9, 1996). As seen above, the defendant against the plaintiff on Oct. 16, 2009 to implement the procedure for registration of ownership transfer on the ground of sale as of Apr. 10, 206 (Seoul Central District Court Decision 2009Da32964, Nov. 25, 2014). Thus, the plaintiff's claim for registration of ownership transfer against the plaintiff for the execution of the procedure for registration of ownership transfer becomes final and conclusive by the final and conclusive judgment of Apr. 10, 2006.

3. Thus, the plaintiff's claim is not accepted as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed and it is so decided as per Disposition.