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(영문) 대법원 1963. 2. 7. 선고 62다927 판결
[원인무효에인한등기말소][집11(1)민,069]
Main Issues

Cases of misunderstanding legal principles concerning the subjective scope of res judicata of a protocol of recognition and recognition;

Summary of Judgment

Res judicata of a certificate of recognition and recognition takes place only between the parties, and it does not extend to a person who has received the registration of ownership transfer.

[Reference Provisions]

Articles 204 and 206 of the Civil Procedure Act

Plaintiff-Appellee

Freeboard accommodation

Defendant-Appellant

The Order of Second Instance

Judgment of the lower court

Seoul High Court Decision 62Na267 delivered on December 13, 1962

Text

We reverse the original judgment.

The case shall be remanded to the Daegu High Court.

Reasons

The defendant's grounds of appeal are examined.

According to the reasoning of the judgment of the court of first instance cited by the judgment of the court below, the court below ordered the defendant to cancel the registration of the ownership transfer of the real estate of this case between the plaintiff and the non-party party party party to the judgment of the court of first instance on the ground that the registration of the above gambling was confirmed by recognition and recognition that it is a registration which is a registration which is a cause invalidation. Thus, the registration of the ownership transfer of the defendant's defendant's transfer from the above gambling party cannot affect the effect of the recognition and recognition protocol before the plaintiff and the non-party party party to the judgment of the court of first instance is declared invalid by legitimate litigation as to the recognition protocol between the plaintiff and the above gambling party. However, even if the plaintiff and the non-party party party's claim was entered in the recognition and recognition protocol by recognizing the ownership transfer registration of this case between the plaintiff and the plaintiff's claim, the res judicata effect of such recognition and the judgment of the court of first instance does not affect the defendant, and thus, the judgment of the court below does not reverse the legal principles as to

The issue is with merit, and therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench, who reviewed the case in order to reverse the original judgment and transfer it to the Daegu High Court for further trial.

The judge of the Supreme Court (Presiding Judge) of the Red Magdong (Presiding Judge) and the Mag-Mag-Mag-Mag-ri, the Mag-ri Park

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