소유권이전등기청구권가등기취소
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Determination of the original judgment
A. On April 2, 2012, the Plaintiff filed a lawsuit against the Defendant on April 2, 2012 against the Incheon District Court Decision 2012Kadan951, the Incheon District Court Branch Decision 2012Gadan951, which completed on January 28, 2008 the provisional registration of the right to claim transfer of ownership, and filed a lawsuit seeking the cancellation of the provisional registration of the right to claim transfer of ownership, which was completed on September 7, 2007 by the same court No. 117827.
B. On November 27, 2012, the above court rendered a judgment that cited the claim for cancellation on the ground that the Plaintiff’s claim for cancellation of the transfer registration of ownership transfer among the above lawsuits has no interest in the lawsuit and that there is no interest in the lawsuit, and that the above transfer registration does not exist any grounds for registration or the secured claim does not exist.
C. On December 17, 2012, the Defendant filed an appeal with the Incheon District Court 2013Na355 on December 17, 2012. On September 27, 2013, the above court accepted the Defendant’s appeal to the effect that “The provisional registration of the right to claim the transfer of ownership was completed in order to secure the Plaintiff’s claim for the Cre-building Housing Association (hereinafter “C Housing Association”), and thus, it does not constitute null and void, and the Defendant was assigned with the said claim against the Plaintiff from C Housing Association, and rendered a judgment dismissing the claim for cancellation of the above right to claim the transfer of ownership (hereinafter “the judgment on review”).
On October 18, 2013, the Plaintiff appealed to a judgment subject to a retrial and filed an appeal with Supreme Court Decision 2013Da81446 Decided January 16, 2014. However, the Supreme Court rendered a judgment dismissing the appeal on January 16, 2014, and the judgment subject to a retrial became final and conclusive on January 22, 2014.
E. On July 16, 2019, the Plaintiff filed a lawsuit for retrial in relation to the judgment subject to a retrial with the Incheon District Court 2019Na72.
[Ground of recognition] Facts without dispute, obvious facts in records, purport of the whole pleadings
2. The plaintiff's assertion summary is that of the C Housing Association.