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(영문) 서울중앙지방법원 2016.06.30 2015나20642
소유권보존등기말소등기등
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs regarding the land set forth in the [Attachment 2] Nos. 1 through 3 of the real estate list.

Reasons

1. From among the plaintiffs' lawsuits in this case, the part of the plaintiffs' ex officio determination that the defendant Republic of Korea completed the registration procedure for cancellation of each registration of ownership preservation which was completed on the land Nos. 1 through 3 of the real estate list

According to the records, on October 10, 2013, the plaintiffs filed a lawsuit against the defendant Republic of Korea seeking cancellation of each of the above land's registration of initial ownership (hereinafter referred to as "pre-appeal") as Seoul Central District Court 2013da269244, which was completed in the future of the defendant Republic of Korea. On June 17, 2014, the plaintiffs filed the lawsuit of this case seeking cancellation of the registration of initial ownership completed in the future of the defendant Republic of Korea with respect to each of the above land.

On June 4, 2015, the full bench of the previous suit rendered a judgment of the first instance on acceptance of the plaintiffs' claims on June 4, 2015, and the above judgment of the first instance became final and conclusive around that time as Defendant Republic of Korea did not

Thus, the corresponding part of the lawsuit in this case which was filed with respect to the same real estate after the filing of the previous lawsuit is not only a duplicate lawsuit, but also a judgment in favor of the previous lawsuit becomes final and conclusive, and is no longer unlawful as there is no benefit of protecting rights to proceed

2. Basic facts

A. The Land Survey Book prepared on the part (i) of the lands in the Japanese colonial period is indicated as follows by each of the circumstances other than the plaintiffs' prior to subdivisions (hereinafter referred to as the "land before subdivisions of this case").

The lands before the instant subdivision were divided as listed below.

On March 17, 1959, the registration of ownership preservation in the G on April 14, 1962, converting the ownership transfer registration into the size of 2,85 square meters on September 30, 1978, 1995 on September 25, 1995, the land parcel number of the land and 1,856 No. 1,856 of the [Attachment 1] real estate list of [Attachment 1] real estate registration in the future of Defendant Republic of Korea.

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