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(영문) 서울고등법원 2015.12.23 2015나19423
소유권이전등기
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

As to this case, this court's acceptance of the judgment of the court of first instance, the reasons for this court are as follows: (a) from 7th to 6th of the judgment of the court of first instance on the grounds for which the plaintiff asserts again in the court of first instance; and (b) other than the entry, it is identical to the entry of the reasons for the judgment of the court of first instance; and (c) therefore, this part is acceptable as it is

B. The gist of the Plaintiff’s assertion and judgment 1) The instant sales contract is invalid as it constitutes a false declaration of intent made by the Defendant in collusion with the Defendant and the designated parties in order to evade the obligation under the instant conciliation. Even if the sales contract was actually concluded, since the Defendant, the designated parties, and the designated parties sold and purchased the instant real estate at a price higher than 2 billion won, and the Plaintiff was formed with a false sales contract with the purchase price at a price exceeding 2 billion won, the instant sales contract is null and void. 2) In a civil judgment, even though it is not bound by the facts established in the judgment on other civil cases, etc., the facts acknowledged in the already established civil cases cannot be rejected without any justifiable reason, barring any special circumstance. In particular, even if two previous and previous civil lawsuits were identical to the facts that the parties to the dispute were identical and based on which the subject matter of lawsuit was not in conflict with the principle of res judicata, it is more true in cases where a new claim can be made as a result of a subsequent conspiracy with the evidence presented in light of the following circumstances:

In fact, the defendant, the designated parties, and the appointed parties are higher than 2 billion won.

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