소유권말소등기
1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.
2. The costs of lawsuit shall be.
1. The real estate in the attached list of the Plaintiff’s assertion was owned by the Plaintiff’s father G but H did not purchase the real estate, but the registration of ownership transfer was completed on July 17, 2009 due to the sale on March 20, 1968, and the registration of ownership transfer was completed on the same day.
Since each of the above registrations is invalid without any cause, the defendants, the heir of H, and defendant Kim Jae-ship, are liable to implement the procedure for cancellation registration of each of the above registrations.
2. In full view of the purport of the pleadings as to the Plaintiff or evidence No. 1-1 to No. 4, H filed a lawsuit against the Plaintiff and the designated parties, who are the deceased G’s inheritors around 2006, seeking the implementation of the ownership transfer registration procedure on the real estate indicated in the separate sheet (hereinafter “the real estate in this case”) by the Changwon District Court 2006Da40402. The above court sentenced the Defendants to order H to implement the transfer registration procedure on March 20, 1968 on each inheritance share among the real estate listed in the separate sheet. The above judgment became final and conclusive after the above judgment became final and conclusive, H completed the ownership transfer registration on July 17, 2009 on the real estate in this case, and the Defendant B completed the ownership transfer registration on July 17, 2009 on the real estate in this case, and on July 17, 2009, the Defendants died on July 13, 2009.
According to the above facts of recognition, since the ownership transfer registration in the above H was completed by the original district court 2006Kadan402, Changwon District Court 2006Kadan402, it is against the res judicata effect of a final and conclusive judgment to seek implementation of the procedure for the registration of cancellation on the ground that the cause is null and void (see, e.g., Supreme Court Decision 94Da61649, Feb. 9, 196). Accordingly, the plaintiff sought implementation of the procedure for the registration of cancellation on the premise that the ownership transfer registration that was completed in the future