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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Since the facts alleged by the Plaintiff as the grounds for the claim are stated in the Land Survey Book as being subject to the assessment by Section B of Section B on each of the lands of this case, each of the lands of this case, the registration of preservation of ownership of each of the lands of this case, which
The plaintiff seeks cancellation as one of the co-inheritorss of each land of this case.
2. Whether it conflicts with res judicata
A. 1) Whether a subsequent suit is subject to res judicata of a judgment in the prior suit or not is a matter of ex officio investigation (see, e.g., Supreme Court Decisions 93Da52808, Aug. 12, 1994; 96Da32706, Jan. 24, 1997). 2) The subject matter of a lawsuit in the case of a claim for cancellation registration is the right to claim for cancellation of the relevant registration, and the cause of the claim, which serves as the standard for distinguishing the identity, is the cause of the right to claim for cancellation registration, i.e., the relevant cause of the right to claim for cancellation registration, which is the invalidation of the relevant cause of registration. As such, individual grounds supporting
(2) In the event a subsequent suit is filed with respect to the subject matter of a final and conclusive judgment that has already been lost in a prior suit (see, e.g., Supreme Court Decisions 82Meu148, 149, Dec. 14, 1982; 80Da1548, Dec. 22, 1981). 3), the subsequent suit must be dismissed in conflict with the res judicata effect of the final and conclusive judgment of the previous suit (see, e.g., Supreme Court Decision 76Da1488, Dec. 14, 1976). (b) In light of the foregoing legal doctrine, the subsequent suit shall be deemed to be filed with respect to the instant case, including a claim for cancellation of each of the instant registrations of initial ownership filed by the Plaintiff against the Defendant (Seoul Central District Court Decision 2004Da250538, Dec. 21, 2017).
the parties are either under dispute or under subparagraph (B).