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(영문) 서울중앙지방법원 2020.06.09 2019나41326
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the following cases. Thus, it shall accept this by the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “each of the instant lands” at the lower end of the three pages of the judgment of the first instance court is against the res judicata effect of the judgment of the case, such as the registration of cancellation of ownership, etc., by the Seoul District Court 97Da34632. Furthermore, each of the instant lands has been cited as “the instant land.”

Not more than 4 pages 12 of the judgment of the first instance shall be made as follows:

A person shall be appointed.

C. 1) The subject matter of the claim for cancellation registration is the claim for cancellation registration in question, and the cause of the claim that serves as the basis for its identity is invalid. The individual grounds supporting the invalidation of the grounds for registration are merely an independent means of attack and defense and do not constitute a separate cause of claim (see, e.g., Supreme Court Decision 93Da11050, Jun. 29, 1993). In a case where a subsequent suit is instituted on the subject matter of lawsuit against which the final judgment has already been lost in the previous suit, the subsequent suit shall be dismissed in conflict with the res judicata effect of the final judgment in the previous suit (see, e.g., Supreme Court Decision 76Da1488, Dec. 14, 1976). In addition, the facts acknowledged in the civil case related to which the final judgment has already been concluded are significant, barring any special circumstance, and the purport of Defendant No. 3645, Jun. 12, 2008’s title registration No. 375, etc.

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