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(영문) 창원지방법원 2014.10.16 2014재나64
소유권말소등기
Text

1. All of the lawsuits filed by the Defendant (Plaintiffs for review) on the retrial of this case shall be dismissed.

2. The costs of retrial shall be paid.

Reasons

1. Determination of the original judgment

A. The plaintiffs purchased only the remaining real estate except for the real estate Nos. 1-1 and 1-2 among the real estate of this case from G from J, Changwon District Court Decision 2008Ga15823, the part concerning the real estate of this case exceeds the real estate No. 1-3 of this case among the registration of transfer of ownership in the name of J as to the real estate of this case completed, and the part concerning the real estate Nos. 1-1, 1-2 of this case is null and void as the completed registration without any cause. Since each registration of transfer of ownership in the name of the defendants in the name of Changwon District Court 2008Ga15823 also becomes null and void, in this case, the plaintiffs who purchased the real estate No. 1-1, 1-2 of this case from G and purchased the real estate of this case from G, on behalf of the plaintiffs who purchased the real estate of this case, filed a lawsuit against the defendants for the cancellation of the registration of transfer of ownership of this case against G.

B. The Defendants, who were dissatisfied with this, appealed to this Court No. 2010Na5018, but this Court rendered a judgment on September 7, 2011 that “the Defendant’s appeals against the Plaintiffs are all dismissed” (hereinafter “the judgment on review”).

C. The Defendants were dissatisfied with this and appealed by the Supreme Court Decision 2011Da83509, but the Supreme Court rendered a judgment dismissing all the Defendants’ appeals on December 27, 2011, thereby the judgment subject to a retrial became final and conclusive.

On the other hand, Plaintiff B died on May 14, 2012, and Plaintiff N is the wife of Plaintiff B, Plaintiff O, and P as their children.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. The defendants' assertion.

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