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(영문) 서울서부지방법원 2019.11.26 2019가단9388
등기원인무효말소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the network C (hereinafter “the network”). On April 18, 2005, Seoul Western District Court No. 26050 received on May 18, 2005, each of the Defendant’s ownership transfer registration was completed.

B. The deceased asserted that “the sales contract between the deceased and the defendant was concluded in the state of the Plaintiff’s capacity to serve as the Plaintiff, and thus null and void or should be revoked.” The deceased filed a lawsuit against the Defendant seeking the cancellation of the registration of ownership transfer in the name of the Defendant under the Seoul Western District Court 2009Gahap12030, which was the Seoul Western District Court 2009Gahap12030, but the judgment against the Defendant was rendered on January 27, 2011, and the deceased’s appeal (Seoul High Court 201Na24502) and the appeal (Supreme Court 201Da59577) were all dismissed.

(hereinafter “Final Judgment of this case”)

C. In other words, the Deceased filed a lawsuit against the Defendant for the cancellation of the registration of ownership transfer under the name of the Defendant, claiming that “The registration of ownership transfer under the name of the Defendant should be cancelled as a cause invalidation, inasmuch as the Defendant obtained a false seal of approval and completed the registration of ownership transfer under the name of the Defendant with respect to the instant real estate.” However, on August 23, 2012, the Deceased District Court (2012Na8462) and the Defendant’s appeal (Supreme Court Decision 2013Da24979) were all dismissed.

In other words, the Deceased filed the same claim against the Defendant under this Court No. 2014Gadan8625, and filed a lawsuit for the confirmation of ownership of each real estate listed in the separate sheet, but was sentenced to a judgment against the above court on May 8, 2014. However, the Deceased’s Appeal (Seoul Western District Court 2014Na3270) and the Deceased’s Appeal.

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