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1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to that part is dismissed.
Reasons
Basic Facts
The plaintiff is the male-child of the defendant B, and the plaintiff and the defendant B are the children of the mother E (E) who died around November 1988.
At the time of January 25, 1986 between the Plaintiff and G, with respect to the sale price of KRW 1,084,000 square meters of land in Pyeongtaek-si owned by G (hereinafter “land prior to subdivision”), the sale certificate (hereinafter “instant sale certificate”) was prepared with respect to the land prior to subdivision as of January 25, 1986, and the transfer registration under the Plaintiff’s name was completed for the sale on the land prior to subdivision as of January 25, 1986.
(A) A evidence 3-1) In around 1992, Defendant B filed a lawsuit claiming ownership transfer registration of the land prior to partition (hereinafter “pre-trial lawsuit”) against the Plaintiff on the ground that “Defendant B purchased the land prior to partition from Suwon and title trust was terminated on November 22, 1989,” against the Plaintiff by Suwon District Court 92Ga34069.
On November 22, 1989, the Suwon District Court rendered a judgment on November 22, 1989 that "the plaintiff shall implement the procedure for ownership transfer registration on the land prior to the division to the defendant B on November 22, 1989" (hereinafter referred to as "prior judgment"), and around that time, the above judgment became final and conclusive.
According to the prior judgment on December 29, 1992, Defendant B completed the registration of ownership transfer in the name of the Defendant B, which was based on the title trust termination on November 22, 1989, from the Suwon District Court’s receipt of Songwon District Court’s receipt of the registration office, as to the land before subdivision, and the land before subdivision was divided into each land listed in the separate sheet on March 18, 1997 (hereinafter “each land of this case”).
Defendant B completed the registration of ownership transfer to Defendant C on March 18, 1997 with regard to the land listed in the attached list No. 8131, which was received by the Suwon District Court, No. 8131, Dec. 27, 1996, and ②.