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(영문) 광주지방법원 2019.12.11 2019나54909
소유권이전말소등기
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning of the judgment of the court of first instance cited the same part of the reasoning of the judgment of the court of first instance as stated in the reasoning of the judgment of the court of first instance, except where the part of “2. judgment” among the grounds of the judgment of the court of first instance is used as follows. Thus, this part is cited

2. On the other hand, the subject matter of the claim for cancellation registration is the right to claim for cancellation registration in question, and the cause of the claim for cancellation registration is the invalidation of the cause for registration concerned, and individual grounds supporting the invalidation of the cause for registration are merely independent means of attack and defense and do not constitute a separate cause for claim. Thus, all the grounds alleged by the plaintiff in the previous suit or subsequent suit are merely an attack supporting the invalidation of the cause for registration, and they cannot be viewed as an independent cause for claim. If all the grounds arising before the closing of argument in the previous suit occur, the previous suit and subsequent suit are identical to the subject matter of the lawsuit and they cannot be permitted as a conflict with the res judicata effect of the final judgment in the previous suit (see, e.g., Supreme Court Decision 93Da11050, Jun. 29, 1993; Supreme Court Decision 2010Da168160, Jun. 29, 200).

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