beta
(영문) 대전지방법원 2018.06.20 2018가합101318

소유권이전등기

Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The deceased J was the husband of the Plaintiff and the other Plaintiffs and the Defendant, who died on July 30, 2016.

B. The Defendant completed the registration of ownership transfer based on the gift dated April 28, 2016 as to each land specified in paragraphs 1 and 2 of the attached Table Nos. 1, 2016, which is owned by the deceased J, and each land specified in paragraphs 3 and 4 of the attached Table No. 3 and the list of real estate shall be completed on May 16, 2016.

(hereinafter referred to as the “instant land” in total, and the registration of transfer of each of the above lands shall be deemed to have been completed.

The plaintiffs filed a lawsuit against the defendant for the cancellation of the transfer registration of this case regarding the shares of inheritance stated in each of the claims in the land of this case. On August 31, 2017, the court below rendered a judgment in favor of the plaintiffs on the ground that "it is reasonable to deem that the transfer registration of this case is null and void because the defendant arbitrarily completed the transfer registration using the deceased J's work ability. Therefore, the defendant is obligated to cancel the transfer registration in proportion to the plaintiffs' inheritance shares." The above judgment was finalized on September 19, 2017 as it is.

(hereinafter referred to as “instant prior suit”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Where the party who received a final and conclusive judgment in favor of the party in favor of the final and conclusive judgment has res judicata effect, files a lawsuit against the other party in the previous suit identical to that of the final and conclusive judgment in favor of the former suit, barring special circumstances, the subsequent suit is unlawful as there is no benefit

(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006; Supreme Court Decision 2017Da23066, Nov. 14, 2017). Meanwhile, a claim for the registration of ownership transfer for the restoration of the real name is to restore the real name of registration filed by a person who has already registered his/her ownership in his/her future or acquired ownership by law.