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(영문) 대전지방법원논산지원 2016.04.06 2015가합2232
소유권말소등기
Text

1. All of the lawsuits against the Defendant H&F loans, B, and H&D Co., Ltd. against D&D operating companies.

Reasons

1. Whether the lawsuit against the Defendant H&D comprehensive financial loans, B, and H&D operating companies is legitimate

A. According to the evidence Nos. 1-A and 2-2 of the claim Nos. 1-B and 1-2 of the claim No. 1, the plaintiff had already filed a lawsuit against the above Defendants to seek cancellation of each registration stated in the claim No. 2012Gada9464 of this Court and decided to recommend reconciliation that "the above Defendants shall perform the obligations identical to those stated in the claim No. 1 under certain conditions to the plaintiff" as of May 31, 2013, and that the decision becomes final and conclusive on June 22, 2013.

2) A final and conclusive decision of recommending reconciliation has the same effect as a judicial compromise (Article 231 of the Civil Procedure Act), and a judicial compromise has the same effect as a final and conclusive judgment. The lawsuit on the part of the purport of the above claim is unlawful (Article 30(2) of the Civil Execution Act), as it fails to meet the requirements for protection of rights pursuant to the res judicata of the final and conclusive judgment (the Plaintiff is entitled to prove that the conditions of the final and conclusive decision of recommending reconciliation, instead of filing a separate lawsuit, have been fulfilled, and the right is realized by obtaining an execution clause granted (Article 30(2)). B. 1-B(1) of the claim

(2) The court below erred by misapprehending the legal principles as to set-off of set-off, and thereby exceeding the bounds of the principle of free evaluation of evidence. In so doing, the court below did not err by misapprehending the legal principles as to set-off of set-off.

2. Determination on the application for Defendant Korea Release on Bail Mining Industry

A. The Plaintiff sold each real estate listed in the separate sheet No. 1 and completed the registration of ownership transfer to Defendant Hah comprehensive financial loans. Since then, Defendant Hah Korea's Release Mining Co., Ltd purchased each real estate listed in the separate sheet No. 2 and No. 3 and made a provisional registration to preserve the right to claim ownership transfer.

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