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(영문) 서울중앙지방법원 2021.01.15 2019나60686
토지대금
Text

All appeals by the defendants are dismissed.

Of the total costs of litigation after filing an appeal, the Plaintiff and the Defendants.

Reasons

1. The reasoning for this part of the facts finding by the court is as follows: “The statement No. 1-A of the order No. 3 of the judgment of the court of first instance” as “the above purport of the claim”; “No. 20 and 21-A of the order No. 3 of the judgment of the court of first instance” as “the above purport of the claim.”

B. The entry “in the purport of the above claim” refers to “the result of each fact-finding with respect to the Gu office as the closing of the court of first instance” and “the result of each fact-finding with respect to the Gu office,” respectively, and “the part of the judgment of first instance” is the same as the entry of the corresponding part of the judgment of first instance (1. facts of recognition) on the grounds of Article 420 of the Civil Procedure Act, except for the alteration of “the part of the judgment of first instance,” which is “the result of fact-finding with respect to the Gu office as the closing of the court of first instance.” In accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Meanwhile, Defendant Republic of Korea: (a) identified the land before the instant subdivision and the land G prior to the annexation on April 10, 1962, which was acquired on or around April 10, 1962, along with the part adjacent to C land [Attachment 24, 25, 26, 27, 28, 29, 29, and 24, connected each point of which is indicated in the attached Form No. 24, 25, 27, 28, 29, and 24, and completed the new registration of the said part of the instant land as the land without any land on August 22, 1973, by identifying the land as the land for which “A” portion was 8.9 square meters (2.7 square meters); and (b) registered as the land

2. Determination on the defense prior to the merits

A. The summary of the defendants' defense (1) The plaintiff received the agreed amount while withdrawing an appeal against the previous judgment between G and I. Since the contents of the part of the land of this case were also included in the agreement at the time of the agreement, the plaintiff's lawsuit of this case seeking the cancellation of ownership preservation registration under the name of the defendant Republic of Korea as to the part of the land of this case and the cancellation of ownership under the name of the defendant B based on the above ownership transfer, etc., shall be dismissed as it is contrary to the res judicata effect of the previous judgment and the special agreement of non-litigation in accordance with the formation of the agreement (the defendants' defense). (2) The plaintiff filed a lawsuit seeking the payment of the land price, and thereafter, filed a claim

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