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(영문) 대법원 2018.08.30 2017다205905
소유권이전등기
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the Plaintiff’s claim for the registration of ownership transfer based on the restoration of real name by subrogation against the Defendant on behalf of the Plaintiff who received a final and conclusive judgment in favor of C in the lawsuit claiming the registration of ownership transfer against the Defendant was unlawful against the res judicata effect of the previous lawsuit.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on res judicata and the benefit of protecting rights

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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