1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion

A. On December 12, 1970, the Plaintiff borrowed 250,000 won from E as interest per month, and repaid 550,000 won as principal and interest interest to E on December 30, 1972, E forged the Plaintiff’s certificate of personal seal impression, etc., completed provisional registration for preserving the Plaintiff’s claim for transfer of rights against the Plaintiff’s will, and completed the registration for transfer of rights as Seoul District Court’s Gwanak-gu registry office on December 30, 1972, respectively.

B. The Defendants completed each registration of transfer of ownership, such as the entries in claims, with respect to the real estate Nos. 1 and 2 of this case, based on the registration under E, the invalidation of the cause that does not conform to the substantive relationship, and thus, the above registration of transfer of ownership

(A) On December 9, 2014, which was stated at the date for preparatory pleading of the first instance trial, the Plaintiff asserted to the effect that “The Plaintiff borrowed KRW 250,000 from L on January 16, 1967 to 5% interest per month, and provided a certificate of personal seal impression, etc. necessary for the establishment of provisional registration of the real estate Nos. 1 and 2 in the instant case. On December 30, 1972, the Plaintiff repaid L on December 30, 1972 the principal and interest of KRW 50,000, and the provisional registration and ownership transfer registration were completed under the name of E, since each of the above provisional registration and ownership transfer registration in the name of E were no legal relation with the provisional registration or trade of the real estate No. 1 and 2 in the instant case between E and E.

Therefore, the Defendants are obligated to implement the procedure for cancellation registration of each ownership transfer registration, such as the purport of the claim, to the Plaintiff.

2. Determination as to the first real estate of this case

A. Where a subsequent suit is filed with respect to the subject matter of a final and conclusive judgment against the relevant legal entity, the subsequent suit conflicts with the res judicata effect of the final and conclusive judgment in the previous suit, and thus the subsequent suit’s claim should be dismissed.

(see, e.g., Supreme Court Decision 76Da1488, Dec. 14, 1976). Meanwhile, the subject matter of a lawsuit seeking cancellation registration is the right to claim cancellation registration, which serves as the basis for determining identity.