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(영문) 대법원 2015.11.17 2015다32875
집행문부여
Text

The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Where the subject matter of a prior suit is a claim for ownership transfer registration with the nature of a claim in the nature of a claim in the prior suit, the person to whom the registration of ownership is transferred after the closing of argument in the prior suit does not fall under the successor after the closing of argument in the

(2) In light of the above legal principles, the legal nature of the subject matter of a lawsuit can not be deemed as changing the legal nature of the subject matter of a lawsuit from a claim based on ownership to a real right claim, on the ground that, in a case where the conciliation is completed under the conciliation clause, the legal nature of the conciliation clause has the same effect as a judicial compromise, on the ground that the legal nature of the subject matter of a lawsuit is changed from a claim based on ownership to a claim based on a claim based on ownership, on the ground that the legal nature of the subject matter of a lawsuit is changed from a claim based on a claim to a claim based on ownership to a real right claim, not from a lawsuit seeking the cancellation of ownership registration

(2) On May 10, 2012, the Plaintiff and other inheritors (hereinafter “heirs”) filed a prior suit against C (hereinafter “instant prior suit”) in which the ownership transfer registration is completed in the name of the deceased and five real estate (hereinafter “the instant real estate”) on which five real estate (the NB, L, P, P, P, M, and M, hereinafter “instant real estate”) of which the ownership transfer registration is completed in the instant prior suit filed against C (hereinafter “instant prior suit”) by the deceased’s children of the network D (hereinafter “the deceased et al.”) who appointed the Plaintiff as the designated party to the registration of ownership on the premise that the deceased’s inherited property is the deceased’s inherited property, and the lower court proceeded with three real estate (the aforementioned NB, L, forest, M, and forest land categories are both forest and forest categories).

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