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(영문) 청주지방법원 2017.08.17 2016나15038
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's Cheongju District Court's Cheongju District Court's Cheongju case.

Reasons

1. Basic facts

A. On November 30, 2010, the Defendant: (a) received a lawsuit from the E and the general secretary F, which referred to as the representative of the D clan (hereinafter “instant clan”); and (b) agreed to receive KRW 200 million in the event of winning the entire winning of the lawsuit, in addition to receiving KRW 10 million in total from the commencement money, to receive KRW 10 million (hereinafter “instant agreement”).

B. Accordingly, on March 30, 2011, the Defendant filed a lawsuit claiming the transfer of ownership on behalf of the instant clan against I, J, K, L, M, etc. on April 19, 2011 (No. 201Gadan2862, Cheongju District Court Decision 2011, hereinafter referred to as “the preceding judgment of this case”), which cited it on November 2, 2011 (a non- pleadings; hereinafter referred to as “the preceding judgment of this case”), and the above judgment became final and conclusive on December 20, 2011.

C. However, while the Defendant was undergoing the procedure for the registration of ownership transfer pursuant to the judgment of the previous suit in this case, he/she again filed a lawsuit for the registration of ownership transfer against N, etc., who is the bereaved family, with the knowledge that one of the Defendant, among the Defendant in the judgment of the previous suit in this case, died, and that the lawsuit was concluded by the decision of recommending settlement that “the above bereaved family members shall implement the procedure for the registration of ownership transfer based on the cancellation of title trust with the instant clan” on May 16, 2012.

Plaintiff

B With respect to each land, etc. of this case, each of which was registered in the name of the clan of this case on January 31, 2013, the name of the clan of this case was changed to that of the plaintiff, and the registration of change of the indication of the registered titleholder was made on May 2, 2013, and the name of the clan of this case as of May 2, 2013.

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