1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The summary of the case is that the plaintiff seeks the registration of ownership transfer based on sale, which is the cause of registration, after the judgment of losing the registration of cancellation on the plaintiff's housing share due to invalidation of the cause of registration becomes final.

The Seoul Central District Court 2013Kahap3052 filed a lawsuit against the original defendant, such as damages, etc.

On October 14, 2010, the appellate court recognized that the Defendant entered into a sales contract for 1/2 shares of the real estate listed in the separate sheet with the Plaintiff and completed the registration of ownership transfer on November 14, 201. The appellate court determined that the above sales contract was null and void as a false conspiracy and declared that it accepted the Defendant’s claim for cancellation of the registration of ownership transfer on behalf of the Defendant as the Defendant’s creditor, which is the Defendant’s creditor.

(Seoul High Court Decision 2014Na6420 Decided December 2, 2014; Supreme Court Decision 2014Da89058 Decided March 26, 2015). 【Ground for Recognition 6, 7, and 8; and even if the subject matter of a lawsuit is not the same before and after the judgment of the entire purport of the pleading, if the subject matter of a lawsuit is the subject matter of a lawsuit which is inconsistent with the legal relations established in the previous lawsuit, the judgment of the previous lawsuit becomes the subject matter of a lawsuit (see, e.g., Supreme Court Decision 2002Da44014, Dec. 6, 2002). Where the judgment of the previous lawsuit ordering the cancellation of the registration becomes final and conclusive on the grounds that the registration becomes null and void, the party who has lost the lawsuit may file a claim for ownership transfer registration based on the cause of claim entirely different from that of the previous lawsuit.

However, it would be contradictory to the res judicata effect of the judgment in the previous suit to seek the registration of ownership transfer based on the relevant grounds for registration invalidated in the previous suit (see, e.g., Supreme Court Decision 93Da43491, Jun. 13, 1995). Accordingly, the Plaintiff’s claim in this case is groundless.