소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
We examine the defendant's defense prior to the merits.
1. On the premise that the plaintiff's assertion by the party concerned is the legitimate owner who inherited the land of this case from the fleet, the defendant asserts that the registration of preservation of ownership of this case, which was completed in the future of the defendant as to the land of this case, is an invalidation of the cause caused by the land owned by others, and that the defendant asserts that the registration is unlawful against the res judicata
2. Facts of recognition;
A. On June 7, 1961, the Defendant completed the registration of ownership preservation on the instant land in the name of the Defendant.
B. On November 7, 2008, C filed a lawsuit seeking the cancellation of the ownership preservation registration of this case against the Defendant on the premise that the Plaintiff and the Defendant are the sole owner of the land of this case. On April 10, 2009, the Plaintiff asserted that he was the true owner of the land of this case and filed a lawsuit seeking the registration of ownership transfer on the ground of the cancellation of the ownership preservation registration of this case and the preliminary acquisition by prescription against the Defendant. On November 10, 2010, the above court dismissed the Plaintiff’s claim for ownership confirmation among the Plaintiff’s lawsuit against the Defendant, and dismissed both the Plaintiff’s main claim and the remainder of the Plaintiff’s main claim and the preliminary claim [Seoul Central District Court Decision 2008Da393792, 2009dan132666(2)], but the judgment below became final and conclusive on June 17, 2014.
[Seoul Central District Court 2010Na52545, 2010Na5252 (Lawsuit for Intervention by Independent Party)]. [Grounds for Recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 1, and the purport of the whole pleadings.
3. The judgment and res judicata of the final and conclusive judgment affect the judgment on the existence of legal relations alleged as a subject matter of lawsuit, and thus, between the same parties.