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(영문) 청주지방법원충주지원 2011.12.22 2011가단2404
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The real estate stated in the purport of the claim (hereinafter “the instant real estate”) is a land on July 3, 1914 by the network D, and thereafter the registration of ownership was completed under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 8080, Dec. 26, 2006; hereinafter “Special Measures Act”) pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate.

B. The network D died on March 27, 1939. At the time of the death, there was a net E (the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

C. The network D has a type N and networkO, and the Defendant’s lighting P and the Plaintiff’s lighting Q are all children of the network N.

(i.e., the net P and net Q are Rad. D.

The net Q’s R died on May 26, 2009 and jointly inherited the property of the Plaintiff, S, T, U, V, W, X,Y, and Z. The remaining inheritors, except the Plaintiff, transferred all the inheritance shares of the instant real estate to the Plaintiff on July 22, 2009.

[Evidence] In without dispute, each entry of Gap evidence 1 to 9 (including additional numbers), witness A's testimony, the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant asserts that the plaintiff's claim of this case is identical to the plaintiff's claim of Cheongju District Court 2009Na5637, which had already been filed against the defendant and lost by the plaintiff, such as the registration of cancellation of ownership, and the registration of cancellation of ownership in 2010Na1945, which had already been filed against the defendant. Thus, the defendant asserted that the claim of this case in this case constitutes a double lawsuit and is unlawful as it goes against the res judicata, but the above Cheongju District Court 2009Na5637, and the lawsuit, such as the registration of cancellation of ownership, becomes final and conclusive as against the plaintiff on February 24, 2011, which was prior to the filing of the lawsuit of this case.

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