말소등기청구소송의 소송물과 기판력

The object of a lawsuit and the Res Judicata of Claim Removing Void Title

The Supreme Court of Korea has decided that the extent of the Res Judicata(claim preclusion) correspond with the object of the suit, so at claim removing void title(the suit for registration cancelating) the object of the suit don’t change in spite of altering the reason for cancelation in another claim. But this article emphasizes that the object of claim removing void title is variable according to the type of the reason for cancelation. Therefore the Res Judicata of the claim removing void title should be applied according to the type of the reason for cancelation. “The loss of plead right” refers to exclusion of other plead after the final judgement by authority of the Res Judicata. This article attempts to search the basis and the extent of it, and apply it to the claim removing void title. The loss of plead right should be grasped on the basis of the principles of responsibility in the private law(including the civil process law). “The rule of faithfulness and sincerity” written at “THE CIVIL PROCESS LAW” of KOREA(§1②) causes the demand that the parties should present and submit the all materials in the first civil process for settling the dispute at one time, called “responsibility of plead” at this article. The loss of plead right should be grasped in the category of that responsibility, so the loss of plead right about the reason for cancelation at the claim removing void title should be applied only after that responsibility.