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(영문) 서울서부지방법원 2019.10.31 2019가단222211

소유권이전등기 등 청구의 소

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1. The Plaintiff:

A. As to the 641m2 among the real estate listed in paragraph (1) of the attached Table, Defendant Incorporated Foundation C shall be on July 3, 2019.

Reasons

1. The description of the grounds for claim and the changed grounds for the claim shall be as specified in the attached Form;

2. Grounds for recognition;

A. Defendant Incorporated Foundation C1) As to the defense prior to the merits, Defendant Incorporated Foundation C (hereinafter “Defendant Incorporated Foundation”)

The Plaintiff asserts that the Plaintiff’s claim violates res judicata effect. According to the evidence No. 7, the Plaintiff filed an application for ownership transfer registration with the Seoul Western District Court 2018 Ma3258, Dec. 6, 2018 against the Defendant Incorporated Foundation. The said court rendered a judgment which included an order for cancellation of ownership transfer registration completed on January 10, 2002 under the receipt No. 954, which had been completed on January 10, 2002. The said judgment became final and conclusive around that time. In full view of the reasoning stated in the evidence No. 5-1, the Plaintiff’s claim for registration of ownership transfer was insufficient to view that the Plaintiff’s claim for registration of ownership transfer was an identical or inconsistent one of the above 60 m2 of the 7 m2, Gangwon-do District Court 2000 m2, Gangwon-do District Court 201 m206 m27, Gangwon-do m2, which was the subject of the said registration of ownership transfer registration.