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(영문) 서울중앙지방법원 2014.08.19 2014가합19641

소유권말소등기

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion that E completed each registration of transfer of ownership with respect to the real estate Nos. 1 and 2 of this case, which the plaintiff owned on December 30, 1972, and each of the above registrations of transfer of ownership is invalid without any cause, and subsequent registration of transfer of shares with respect to the real estate Nos. 1 and 2 of this case is also null and void. Thus, the above defendants are obligated to perform the procedure for cancellation of the pertinent registration of transfer of ownership.

2. Where a subsequent suit is filed with respect to the subject matter of a final and conclusive judgment that had already been rejected in the previous suit, the subsequent suit conflicts with the res judicata effect of the final and conclusive judgment in the previous suit, and thus the subsequent suit is dismissed.

(See Supreme Court Decision 76Da1488 delivered on December 14, 1976, etc.). Meanwhile, the subject matter of the claim for cancellation registration is the right to claim for cancellation registration in question, and the cause of the claim, which serves as the basis for determining identity, is the cause of the registration in question. If the cause of the claim for cancellation registration in the previous and subsequent suit is identical to that of the registration in the previous and subsequent suit, the prior suit seeking cancellation registration is identical to the subject matter of the lawsuit, and the claim in the subsequent suit cannot be allowed as it conflicts with the res judicata effect of the final and conclusive judgment in the previous suit.

(2) The Plaintiff filed a lawsuit seeking cancellation of the ownership transfer registration (such as the date of receipt of the registration, receipt number, etc.) in the name of the Defendants, on the same content as the lawsuit claiming cancellation of the ownership transfer registration of this case, on June 30, 201. The Plaintiff filed a lawsuit claiming cancellation of the ownership transfer registration of this case against the Defendants, asserting that each of the particulars, such as the date of receipt of the registration, receipt number, etc., in the name of the Defendants on the real estate of this case and the building listed in paragraph (3) of the attached Table Nos. 1 and 2 of the Real Estate List No. 1 and 2 of this case, were invalid.