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(영문) 울산지방법원 2017.11.15 2016나23472
소유권이전등기
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The appeal cost arises between the plaintiffs and the defendant.

Reasons

1. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance.

The PO filed a lawsuit for the registration of ownership transfer on October 10, 1960 with respect to one half of the shares in the land prior to the merger against I as Busan District Court 85Kadan989 (hereinafter “the shares in this case”). On March 19, 1986, the PO declared a judgment accepting O’s claim on March 19, 1986 (hereinafter “previous judgment”), and the above judgment was the same year.

4. 5. Finality was established.

Accordingly, on April 21, 1986, theO completed the registration of ownership transfer in its name on October 10, 1960 with respect to the instant shares.

“P” under subparagraph (e) is identical to that set forth in paragraph (1) of the first instance judgment, except for adding the entry in subparagraph 5-2 to the Defendant joining the Defendant, respectively, [based grounds for recognition], and as such, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. The plaintiffs asserted that the registration of transfer of ownership completed under the name of O on April 21, 1986 as to the shares of this case is invalid. Thus, the plaintiffs asserted that the registration of transfer of ownership completed under the name of O on April 21, 1986 as to the shares of this case is the cause of claim against I who had already died on October 10, 1960 after the date of death, and filed a lawsuit for the registration of transfer of ownership of this case's shares. The judgment that accepted theO's claim was made in the above lawsuit and the judgment became final and conclusive, and theO completed the registration of transfer of ownership of the shares of this case's shares pursuant to the above previous judgment is against I who had already died at the time of the lawsuit, and the registration of transfer of ownership in the name of O that completed the shares of this case pursuant to the previous judgment constitutes the registration of invalidation of cause, unless there are special circumstances

B. Accordingly, the registration of transfer of ownership was followed.

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