소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. With respect to the instant real estate registered under the name of the deceased D (hereinafter “the deceased”), the Daejeon District Court’s Disposition Office was completed on March 18, 1982 with No. 2043, which was received on March 18, 1982, as the Defendant’s registration of transfer of ownership (hereinafter “the instant registration of transfer”) based on the sale on March 9, 1982.
B. The Deceased died on June 13, 1983, and his wife as his wife, F, G, H, I, J, and the Plaintiff.
C. G filed a lawsuit against the Defendant claiming for the procedure for cancellation of the ownership transfer registration of this case by the Daejeon District Court 2003Gadan33063, on June 11, 2004, by asserting that the Defendant forged the seals in the name of the deceased and completed the registration of ownership transfer of this case. However, the above judgment was finalized on August 12, 2004.
[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), Gap evidence 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings
2. Judgment on the defendant's main defense
A. The Defendant asserts to the effect that, as a preservation act of the deceased’s co-inheritors, G, including the Plaintiff’s inheritance shares in respect of the instant real estate, has filed a lawsuit against the Defendant seeking the implementation of the procedure for registration of cancellation of ownership transfer registration, and that the lawsuit in this case is unlawful as it goes against the res judicata of the previous lawsuit, and thus, is unlawful.
B. However, even if G, among co-inheritors, one of them filed a lawsuit against the defendant and received a final judgment against the defendant, the effect of the judgment does not extend to the plaintiff who is not a party to the lawsuit, so the defendant's above assertion is without merit.
3. Judgment on the merits
A. On March 27, 1982, the Plaintiff’s assertion 1 deceased, along with E, shall move to the United States with E, requesting K to manage the instant real estate.