beta
Case Number of the immediately preceding lawsuit
Busan High Court-2016-Na52654 ( November 10, 2016)
Title
(A) The lawsuit claiming ownership transfer registration on the ground of the recovery of the name of petition is unlawful.
Summary
(2) In light of the above legal principles, the Plaintiff’s lawsuit against the Defendant for cancellation of ownership transfer registration of the instant real estate is unlawful to file a lawsuit against the Defendant for transfer of ownership for the purpose of restoring real name identical in substance with the previous suit, and thus, the Plaintiff’s lawsuit against the Defendant for transfer of ownership is unlawful.
Related statutes
Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act
Cases
Supreme Court Decision 2016Da270957 Registration of Cancellation of Ownership
Plaintiff-Appellee
Korea
Defendant-Appellant
○ ○
Judgment of the lower court
Busan High Court Decision 2016Na52654 Decided November 10, 2016
Imposition of Judgment
March 16, 2017
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. The appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided as per Disposition