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(영문) 창원지방법원 2014.12.24 2014나5658
소유권이전등기말소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The relevant part of the judgment of the court of first instance is the same.

(main sentence of Article 420 of the Civil Procedure Act). 2. Judgment on the Defendant’s main defense

A. Since the registration of transfer of ownership stated in the purport of the claim (hereinafter the registration of transfer of ownership in this case) that was completed in the name of the defendant as to the land in this case's assertion was completed due to the conciliation in this case, the plaintiff's seeking the cancellation of the registration of transfer of ownership in this case is not permissible as it goes against the res

B. The fact that the registration of ownership transfer of this case, which the plaintiff is seeking to cancel, was completed due to conciliation established in the Changwon District Court 2009Na8291 is as seen above.

However, the plaintiff is entitled to the following 3-A

As seen in this subsection, the Defendant did not perform the obligations under the instant conciliation and completed the registration of ownership transfer.

(1) The Plaintiff’s claim does not conflict with the res judicata effect of the instant conciliation, on the ground that the Plaintiff’s claim does not conflict with the Plaintiff’s res judicata effect, on the ground that the Plaintiff’s claim does not qualify as farmland acquisition at the time of completing the registration of ownership transfer.

Therefore, the defendant's main defense is without merit.

3. Judgment on the merits

A. The Plaintiff’s assertion 1) According to the instant conciliation clause, in order for the Defendant to complete the registration of ownership transfer of this case, he shall obtain a factory building permit within one year from the date of establishment of the instant conciliation, and the Defendant did not obtain factory building permit until that time, and cannot obtain factory building permit on the instant land, but completed the registration of ownership transfer of this case due to the instant conciliation, so the said registration shall be invalidated.

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