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(영문) 전주지방법원 2018.09.19 2017가단25460
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, H, I, and Defendant B are the children of H, and J is the children of H, and Defendant C, Defendant D, and Defendant E are the children of Defendant B.

B. On January 3, 2006, the registration of ownership transfer was completed on January 2, 2006 with respect to each of 2/12 shares of the 2/12 shares of the 2/12 shares in Jeonsan-gu Seoul Special Metropolitan City F. The registration of ownership transfer was completed on January 5, 2006 with respect to each of the 1/12 shares of the land before partition. The registration of ownership transfer was completed on January 4, 2006 to the Defendants on January 4, 2006, after the cancellation of the agreement on March 23, 2006, on May 18, 2006 to K, who is a child of I and I, for each of the 2/12 shares as the gift on May 12, 2006.

On June 15, 2006, when the land before the division was divided into 1,920 square meters in f.i.e., Yansan-gu, Jeonju-si (hereinafter “instant land”) and 960 square meters in Yansan-gu, Jeonsi-si, Jeonju-si, the ownership transfer registration for the instant land was completed on June 30, 2006 by 1/24 shares each on the ground that the Defendants made a partition of co-owned property on June 22, 2006. The shares of Defendant C (i.e., 2/12 shares, 1/24 shares, and 1/24 shares) thereafter, the ownership transfer registration was completed on July 5, 2013 on the ground that the donation was made on July 2, 2013 to Defendant B on July 5, 2013.

C. G died on March 9, 2011.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, each entry in 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. Whether the lawsuit of this case is contrary to res judicata or not, the Defendants asserted that the lawsuit of this case is unlawful against res judicata of the previous District Court Decision 2006Da42230 and the previous District Court Decision 2008Gadan24748 on the same factual basis as that of the previous District Court Decision 2006Da4230 and the previous District Court Decision 2008Gadan24748.

According to the statements in the evidence Nos. 1 and 3, Jeonju District Court 2006Kadan42230 case, G is due to the invalidity of the cause against the Defendants.

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