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(영문) 서울고등법원 2017.11.14 2017나2004919

소유권이전등기

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, part of the following shall be cut:

[Supplementary part] The last 14th letter of the judgment of the court of first instance shall be filled by the "prestigious person" as "prestigious person".

2. Additional determination on the plaintiffs' assertion in this court

A. The subject matter of a lawsuit that determines the scope of res judicata effect of Plaintiff A’s claim against Defendant A (A) is specified by the purport and cause of the claim, and the subject matter of a lawsuit is not the same if the purport of the claim is different, regardless of facts or legal arguments.

(See Supreme Court Decision 91Da45356 Decided April 10, 1992. The Plaintiff’s claim against the Defendant’s door in the Cheongju District Court Decision 2010Kadan10252 Decided January 30, 2013, which is a prior suit, is a claim for the cancellation of ownership transfer registration. The Plaintiff’s claim against the Defendant’s door in the instant lawsuit is a claim for ownership transfer registration based on the restoration of title, and as long as the purport of the claim is different, it cannot be said that the latter contradicts the res judicata effect of the former.

B) If a person exercises a separate claim under substantive law, it shall be deemed a separate subject matter of lawsuit, and even if there are differences between the claim for cancellation of ownership transfer registration and the claim for ownership transfer registration based on ownership transfer registration based on the restoration of the real name, the two subject matter of lawsuit cannot be seen as identical. (2) The judgment of the court is allowed in lieu of seeking cancellation of the registration against the current registered titleholder in order to restore the real name of the registration.