beta
(영문) 대법원 1969. 6. 24. 선고 69다558 판결

[소유권이전등기말소등][집17(2)민,232]

Main Issues

The subject matter of the lawsuit claiming ownership transfer registration

Summary of Judgment

The subject matter of a lawsuit claiming ownership transfer registration is the right to claim ownership transfer registration, and the objective scope of res judicata is limited to the existence of the right to claim registration, and it does not affect the existence of the right to claim registration or the existence of the contract of claim.

[Reference Provisions]

Article 202 of the Civil Procedure Act

Plaintiff-Appellant

Korea

Intervenor-Appellant (Appellant)

Intervenor joining the Plaintiff

Defendant-Appellee

Korea Water & Industrial Company

Judgment of the lower court

Seoul High Court Decision 68Na509 delivered on March 5, 1969

Text

The appeal is dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff. The costs of appeal by the plaintiff's assistant intervenor are assessed against the plaintiff's assistant intervenor.

Reasons

The grounds of appeal by the plaintiff performer and the grounds of appeal by the intervenor assisting the plaintiff are also examined.

The court below erred in the misapprehension of legal principles as to the right to claim ownership transfer registration of the above defendant's claim against the plaintiff and the defendant in the pleading of the claim for ownership transfer registration of the Daejeon District Court 63Ga776 decided that the above defendant's claim is deemed to have been led to the confession of the plaintiff's claim, and that it became final and conclusive, on the premise that the above defendant's claim for ownership transfer registration of the above defendant's claim for ownership transfer registration of the above defendant's claim was accepted and confirmed, and that the above defendant's claim for ownership transfer registration of the above defendant's claim for the sale of real estate was not established, and that the registration of ownership transfer registration of the attached building's accessory building's 33 Gaume 14 Gaume 14 Gaume 144 Gaume 196 Gaume 154 Gaume 194 Gaume Gaume 154 Gaume Gaume.

Therefore, all arguments are without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)