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(영문) 서울동부지방법원 2017.04.27 2016가단15601
원인무효로 인한 소유권이전 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The subject matter of the claim for cancellation registration with respect to the plaintiff A's claim is the right to claim for cancellation registration in question, and the cause of the claim, namely, the cause of the claim for cancellation registration, which is the standard for its identity, is null and void, and each cause of the claim for cancellation registration, which supports the invalidation of the cause of registration, is merely an independent means of attack and defense, and does not constitute a separate cause of claim. Thus, all the grounds alleged in the grounds and subsequent suit in the previous suit are merely an attack that supports the invalidation of the cause of registration, and their arguments are merely an attack that supports the invalidation of the cause of registration, and they cannot be deemed to constitute a separate cause of claim. All all all the grounds arising before the closing of argument in the previous suit and subsequent suit are identical to the subject matter

(2) On June 29, 1993, the Plaintiff filed a lawsuit seeking the implementation of the procedure for registration of cancellation on the ground that the registration was null and void in accordance with a false agreement or a title trust agreement between the Defendant and other partners, and was sentenced to the Supreme Court Decision 201Da24340, Jun. 30, 201, etc. (see, e.g., Supreme Court Decisions 93Da11050, Jun. 29, 1993; 201Da24340, Jun. 30, 201). Plaintiff A appealed against the Defendant, the Seoul Northern District Court Decision 90Da9015, Feb. 5, 2007; 2009Da2483839, Feb. 26, 2014; however, Plaintiff 206, the appeal was dismissed on the ground that Plaintiff 209Da24839, Mar. 26, 2014).

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