The number of the subject-matter of a lawsuit claiming cancellation of registration different from the cause of invalidation.

The subject matter of the claim for cancellation registration is the claim for cancellation registration in question, and that is, the cause of the claim, which is the standard for distinguishing the identity, is limited to the "Invalidation of the cause for registration". Therefore, the claim for cancellation of sale by fraud in the previous suit and the absence of sale or non-existence of the cause for registration in the subsequent suit are merely an independent means of attack and defense, supporting the invalidity of the cause for registration, which is the same cause for the previous suit, and the subject matter of the previous suit and the subsequent suit are identical since the allegation in the previous suit occurs before the closing of argument in the previous suit.

Article 202 of the Civil Procedure Act

Supreme Court Decision 79Da1618, 1619 Decided January 27, 1981

Long-term bond collectors;

Bo Maritime Survey Co., Ltd and 11 others

Daegu High Court Decision 79Na772 delivered on May 14, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

1. According to the records and reasoning of the judgment of the court below, prior to filing the lawsuit of this case, the plaintiff is not entitled to the registration of cancellation of ownership transfer under the name of the above non-party on the land in Busan District Court No. 71 together with 56, and the above non-party on the land in question. However, since the above procedure for cancellation of ownership transfer under the name of the non-party on the land in this case was filed against the defendant Bo Maritime Affairs Co., Ltd. for the execution of the procedure for cancellation of ownership transfer under the name of the non-party, such as the purport of the claim in this case, and the above procedure for cancellation of ownership transfer is the cause of claim, and the above sale and purchase was made under the name of the non-party Kim Jong-chul, which is the plaintiff's agent, and the plaintiff's registration of this case was revoked under the name of the non-party's name as the cause of the above fraud. Thus, the plaintiff's claim for cancellation of ownership transfer under the name of the above non-party's claim for cancellation of ownership of this case is invalid.

2. According to the records, since the plaintiff asserted consistently to the purport that the registration of transfer of ownership in the name of the above non-party was invalid registration of defects in the resolution since the plaintiff's transfer of ownership in the name of the above non-party was a factual cause of the claim in this case since the contract was not concluded between the plaintiff and the non-party, it can be seen that the decision of the court below, as stated in the theory of lawsuit, is unnecessary and inappropriate, even though the court below's assertion on the facts of the claim in this case that the plaintiff did not assert as a factual cause of the claim in this case, is just in conflict with the res judicata effect of the previous lawsuit, the above part of the judgment in this case, which points out the theory of lawsuit, is nothing more than providing an explanation, and therefore, it cannot be said that there is no violation of the rules of evidence, non-existence of the admission theory or non-performance of the right of appeal, even if it did not affect the conclusion of the judgment or non-performance of the judgment.

Therefore, the appeal is dismissed, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jong-woo (Presiding Justice)