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(영문) 서울고등법원 2018.01.31 2017나2036398
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The relationship between L was 1) L between the wife M and C, the wife N, the South-Nam N, the South-Namn, the South-Namn Defendant, the South-Namn Plaintiff, and the South-Namn. 2) L died on February 11, 1994, and the South-Namn around 2014.

B. On January 19, 1965, the Defendant registered each real estate listed in the separate sheet and divided 1) The Defendant is the “forest land” before the instant division. The Defendant is the “forest land” before the instant division.

(2) As to the shares of 225/245, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is a real estate subject to registration conversion after being divided on August 22, 1987 from the shares in the Defendant’s name prior to the instant partition, with respect to each of the instant real estate on August 22, 1987. The Defendant completed the registration of ownership transfer on the ground of “the partition of co-owned property on August 20, 1987” as to each of the instant real estate on August 22, 1987.

【Facts without dispute over the ground for recognition】 1, Gap evidence 1, Eul evidence 2-3, 4, Eul evidence 1, the purport of the whole pleadings

2. Determination on this safety defense

A. Determination 1 on the Defendant’s assertion that the effect of res judicata is against the Defendant’s claim that the Plaintiff filed a lawsuit against the Defendant seeking the implementation of the procedure for the registration of ownership transfer regarding each of the instant real estate. However, the Plaintiff filed a lawsuit against the Defendant for the implementation of the procedure for the registration of ownership transfer based on the division of inherited property regarding each of the instant real estate, but received the judgment against the Plaintiff’s failure, and subsequently withdrawn the lawsuit and the judgment against the Plaintiff’s failure became final and conclusive. Therefore, the instant lawsuit is unlawful as it goes against the res judicata effect of the judgment against the Plaintiff’s failure. 2) In full view of the overall purport of the pleadings as indicated in the evidence Nos. 1 and 2, the Plaintiff’s performance of the procedure for the registration of ownership transfer based on the division of inherited property is impossible.

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