등기원인무효말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Progress of the lawsuit prior to the instant claim
A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the deceased C (hereinafter “the deceased”). As for the reason of sale on April 18, 2005, Seoul Western District Court No. 26050 received on May 18, 2005, each of the Defendant’s ownership transfer registration was completed.
B. The Deceased filed a lawsuit seeking invalidation of the cause of each transfer registration of ownership and cancellation of ownership transfer registration in the instant sales contract, claiming that “In spite of the absence of the fact that a sales contract for each of the instant real estate was concluded, the Defendant shall have completed the registration of ownership transfer with the seal of approval affixed on the false sales contract, and thus, the registration of each of the instant transfer of ownership should be cancelled.” The Deceased’s appeal (No. 2012Na8462) and the final appeal (No. 2013Da24979) were final dismissed on June 13, 2013, and thereafter the said judgment became final and conclusive (hereinafter “the final judgment of this case”).
Since then, the Deceased filed a lawsuit against the Defendant with the same content as Seoul Western District Court 2014da8624, but was dismissed.
C. On November 23, 2018, the Plaintiff, a dependent on the Deceased, filed a lawsuit against the Defendant to cancel the registration of ownership transfer of the real estate listed in the separate sheet as Seoul Western District Court 2018Gadan780, but was sentenced to a judgment against the said court on November 23, 2018, and the appeal (Seoul Western District Court 2018Na2978) was dismissed.
Since then, the Plaintiff filed a lawsuit against the Defendant as Seoul Western District Court 2019Kadan9388, which sought the same judgment as the purport of the instant claim, but was sentenced to the judgment against the Defendant on November 26, 2019.
[Ground for recognition] Unsatisfy, substantial facts in this court
2. The plaintiff's assertion is void when each of the transfer registrations of ownership in this case is completed by a false approval agreement.