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(영문) 서울고법 1976. 7. 23. 선고 76나1360 제8민사부판결 : 확정
[소유권이전등기말소청구사건][고집1976민(2),467]
Main Issues

Successor after the final and conclusive judgment of cancellation and closing argument.

Summary of Judgment

Since the judgment has not been effective against a successor after the closing of argument in a final and conclusive judgment based on a real right claim, there is no benefit in protecting the right to seek cancellation registration separately.

[Reference Provisions]

Article 204 of the Civil Procedure Act

Plaintiff and appellant

Plaintiff 1 and four others

Defendant, Appellant

Defendant 1 and one other

Judgment of the lower court

Sung-dong Branch of Seoul District Court (75 Gahap1030)

Text

The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport and purport of appeal

The judgment of the court below is revoked. The defendants' judgment against the plaintiffs is revoked. On November 5, 1969 with respect to the 19th 19th mentora of Mapo-dong 1, Mapo-gu, Seoul, the 19th 19th mentoramen and apap evaluation 14th Ga, the 14th Gashea-dong 14th Gashea-dong, the defendant implemented the procedure for the cancellation of ownership transfer registration due to sale on February 10, 1969, which was received by the Yongsan District Court of Seoul

Reasons

The plaintiffs filed a lawsuit against the non-party on June 15, 1968 to cancel the registration of ownership transfer under the name of the defendants on June 4, 1969, because the non-party filed a lawsuit against the non-party on June 15, 1968 for cancellation of the registration of ownership transfer on the ground that the above registration was invalid, and the judgment was finalized on June 4, 1969. The above registration of ownership transfer becomes final and conclusive on November 5, 1969. Since the above registration of ownership transfer becomes null and void, the plaintiffs asserted that the above registration of ownership transfer is invalid, and thus, they first seek cancellation of the above registration. Thus, the above registration of ownership transfer becomes invalid after the conclusion of arguments, and the final and conclusive judgment becomes invalid after the conclusion of arguments pursuant to Article 204(1) of the Civil Procedure Act. Since the above judgment becomes final and conclusive, the defendants' succession to the above registration of ownership transfer under the name of the non-party, who is entitled to cancel the above registration of ownership transfer under the name of the defendants.

Therefore, the plaintiffs' claims against the principal lawsuit are unlawful and thus the judgment of the court below is just, and the plaintiffs' appeal against this is without merit, and the costs of appeal are dismissed, and it is so decided as per Disposition at the expense of the losing party.

Judges fixed number (Presiding Judge) and shot-dong

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