The costs of appeal shall be borne by the plaintiff.

Article 202 (1) of the Civil Procedure Act provides that res judicata of a final and conclusive judgment shall take place only in the text of the judgment. Res judicata of the judgment shall take place only with respect to the conclusion of the judgment as to the existence of legal relations included in the text. Although interpretation of laws and regulations or recognition of legal facts, etc. which are merely a premise, this part of the judgment (except in the case of paragraph (2)) shall not have res judicata effect on the part of the judgment (except in the case of this case). Accordingly, even if the judgment became final and conclusive, the court below ordered the defendant to cancel the ownership transfer registration of the lawsuit against the defendant as to co-ownership, and it cannot be viewed that the plaintiff's right to claim compensation for damages against the non-party (except in the case of paragraph (2) of the same Article) has become final and conclusive on the premise that the plaintiff's right to claim compensation for damages against the non-party, who purchased the forest land in this case as a representative of the non-party or the defendant's right to claim restitution of ownership transfer registration of the above part 70.

The appeal that there is a misunderstanding of the legal principles as to res judicata in the original judgment is groundless.

Therefore, the appeal is dismissed by the assent of all participating judges. The costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court