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(영문) 부산지방법원 2018.12.20 2017가단2881
소유권이전등기
Text

1. The plaintiff's lawsuit against C, D, E, F, G, H, I, defendant J, K, L, M, N, andO, each of which is the lawsuit of the plaintiff's deceased Party B.

Reasons

1. The Plaintiff’s assertion B (Death on April 1, 2017) was the husband of the Defendant J, the Defendant K, the network R (Death on September 2, 2016), and the deceased S, the father of the DefendantO (Death on June 8, 2009), distributed the P land identical to Q as at the present Q from the Republic of Korea, and repaid the price in full on July 31, 1959, and sold Q land to the Plaintiff on January 25, 1973.

B A dead during the instant lawsuit, and C, D, E, F, G, H, and I took over the instant lawsuit proceedings, and R died before the instant lawsuit and succeeded to the Defendant L, M, and N R’s property.

In order to preserve the right to claim the registration of ownership transfer of Q Q land, Defendant J, etc. is obligated to implement the registration of ownership transfer on the grounds of sale on January 25, 1973 with respect to the co-ownership of the attached shares in Q Q land, on the part of the Plaintiff who subrogated to C, D, E, F, G, H, I, Defendant J, K, K, L, L, M, N, andO (hereinafter “Defendant J, etc.”). Defendant J, etc., the heir of the network S, is obligated to implement the registration procedure for ownership transfer on the grounds of sale on January 25, 1973 with respect to co-ownership of the attached shares in Q land.

2. Determination

A. 1) In a case where a plaintiff who was rendered a final and conclusive judgment against the Republic of Korea brought a lawsuit again against the same defendant, the part that contradicts the res judicata of the final and conclusive judgment should not be determined inconsistent with the above final and conclusive judgment (see Supreme Court Decision 76Da1488, Dec. 14, 1976). 2) A, in full view of the purport of the entire pleadings in each of the items in subparagraphs 1-1 through 3, the Plaintiff already asserted the same cause of claim against the defendant Republic of Korea, and filed a lawsuit claiming ownership transfer registration under Busan District Court Decision 2015Da37630, Oct. 30, 2015, the Plaintiff filed a lawsuit against the defendant Republic of Korea for ownership transfer registration under the Busan District Court Decision 2015Da37630.

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