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(영문) 인천지방법원 2019.10.10 2018나54760
소유권이전등기말소등
Text

1. The part against Defendant C in the judgment of the first instance shall be revoked, and the plaintiff (Appointed Party) shall be the revoked part.

Reasons

1. As to the instant facts, the underlying facts, among the reasons stated by the court, are the same as that stated in the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments

A. The registration of transfer of ownership in the real estate of this case and the registration of transfer of ownership in the name of the defendant B is based on the judgment subject to a retrial revoked. Since the registration of transfer of ownership in the name of the defendant C is based on the registration of transfer of ownership in the name of the defendant B to be cancelled, all of the registrations of invalidation, which

B. The summary of the Defendants’ Intervenor’s defense is that Defendant B has the right to claim ownership transfer registration based on the “transfer agreement dated November 26, 1987” with respect to the instant real estate against the Deceased, and the Plaintiff and the designated parties have succeeded to the contractual status of the Deceased. As such, the registration of ownership transfer registration of the purport of the claim regarding the said real estate in the name of Defendant B is valid

The registration of transfer of ownership in the name of Defendant C is valid because it is based on the registration of transfer of ownership in the name of Defendant B.

Therefore, the Defendants cannot respond to the Plaintiff’s request for cancellation registration.

3. The reasoning of this court concerning this part of the judgment on the cause of the claim is "7-8 of the first instance court's judgment."

Since the judgment on the cause of the claim is the same as the judgment on the cause of the claim, it is accepted by the main text of Article 420 of the Civil Procedure Act

4. Judgment on the defendants' defenses by the defendants' assistant intervenor

A. As to the claim against Defendant B, res judicata of a final and conclusive judgment refers to the content of the legal judgment contained in the text of the final and conclusive judgment, it becomes a new standard for regulating the relationship between the parties to the lawsuit thereafter, when the same matter becomes a matter of litigation, the parties cannot make any arguments that conflict with this, and the court cannot make any decisions that conflict with this.

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