Whether res judicata effect of a final and conclusive judgment dismissing a claim for ownership transfer registration filed against the owner against the non-party to whom the management of real estate was delegated shall affect the claim for cancellation of ownership transfer registration filed against the third party against the original owner who purchased the same real estate from the said non-party

The res judicata effect of a final and conclusive judgment dismissing a lawsuit claiming ownership transfer registration against the owner by the Nonparty, who is delegated with the management of real estate, shall not extend to the lawsuit claiming the cancellation of ownership transfer registration against the third party against which the original owner purchased the same real estate from the said Nonparty, his/her agent.

Attorney Lee Jung-gu et al., Counsel for the defendant

Park Jong-young

Seoul High Court Decision 74Na937 delivered on March 21, 1975

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Judgment on the ground of appeal No. 1 by the Plaintiff’s Attorney

According to the reasoning of the judgment in the judgment below, the court below held the real estate as well as several lots of land in the Seodaemun-gu Seoul, Seomun-gu, Seoul, as a result of the evidence of this city, and delegated the management thereof to the party residing in Japan, and delegated it to the party residing in the non-party designated in the middle of April 1949. On the last day of April 1949, the court below delegated all of the acts to the party who occupied the land to the fact-finding and delegated it to the party who occupied the land to the above fact-finding, and recognized the fact that he sold the land in this case to the defendant and each of the persons who possessed it by delegation. Thus, the court below did not err in the misapprehension of the rules of evidence and the incomplete hearing, as alleged in the facts-finding process or contents of the fact-finding, in view of the evidence preparation and the process or contents of fact

Determination on the grounds of appeal Nos. 2 and 3;

The res judicata effect of a final and conclusive judgment dismissing a claim for ownership transfer registration shall only affect the judgment of the party member unless there is a claim for ownership transfer registration, and it does not affect the factual facts (see Supreme Court Decision 68Da2437, May 13, 1969). According to the evidence No. 3 (Judgment No. 1969, May 13, 1969), the court below's judgment is just and there is no error in the misapprehension of the nature of the final and conclusive judgment as the premise of the judgment or the misapprehension of the legal principles, and thus, it cannot be accepted.

Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)