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(영문) 부산지방법원 2016.01.08 2015가단37630
소유권이전등기
Text

1. The plaintiff's lawsuits against the defendant B, C, D, E, and F are all dismissed.

2. The plaintiff's claim against the defendant in Korea.

Reasons

1. On July 31, 1959, the Plaintiff asserted that Defendant B’s husband, Defendant C, D, E, and F’s father (Death on June 8, 2009) distributed G land, which is the same as the current H land, from the Republic of Korea, and repaid the price in full, and sold H land to the Plaintiff on January 25, 1973.

Therefore, in order to preserve the right to claim ownership transfer registration on H land, Defendant B, C, D, E, and F, the heir of the network I, are obligated to implement the procedure for ownership transfer registration on July 31, 1959 for G land at the request of the Plaintiff who subrogated to Defendant B, C, D, E, and F, and Defendant B, C, D, E, and F, the heir of the network I, are obligated to implement the procedure for ownership transfer registration on H land on January 25, 1973.

2. Determination

A. In light of the overall purport of the pleadings as to the legitimacy of the lawsuit against the defendant B, C, D, E, and F, the plaintiff filed a lawsuit against the defendant I for the performance of the procedure for the registration of ownership transfer of H land at the Busan District Court Decision 2005Kadan117186, and the plaintiff filed a lawsuit against the plaintiff for the performance of the procedure for the registration of ownership transfer of H land at the appellate court (Seoul District Court Decision 2006Na1277, Jan. 12, 2007) to the plaintiff on Jan. 25, 197. According to the above facts of recognition, the lawsuit against the above defendants, who are the heir of the deceasedI, is identical to the judgment that became final and conclusive in favor of the plaintiff and the subject matter of the lawsuit of this case are identical to that of the above final and conclusive judgment, and thus, it is unlawful as there is no benefit of protection of rights.

B. First of all, the determination of the claim against Defendant Republic of Korea is identical to the current H land, as alleged by the Plaintiff from Defendant Republic of Korea.

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