기판력의 작용에서의 모순관계- 부동산등기청구소송을 중심으로 -

The subject of this paper is the necessary condition of contradictory opposites andwhether contradictory opposites exist and the loss of plead right is applied in thecase that the claim on ownership registration or the claim on the cancellation ofownership registration of the claim or the recovery of ownership registration is theclaims of previous or later lawsuits. The case in which res judicata functions is either identical claim or prior claim ina broad sense. contradictory opposites is prior claim in a broad sense with additionalnecessary condition. The necessary condition of contradictory opposites is that theparty who won the prior lawsuit loses the legal benefit of prior decision if the claimof later lawsuit is accepted. when the plaintiff claims the cancellation of ownership registration which wasidentified in the previous final judgment, contradictory opposites exist and the claimof later lawsuit that the cancellation was illegal is cut off. On the other hand, in thecase that the defendant of previous lawsuit claims ownership registration in laterlawsuit after ownership registration is done by the previous final judgment,contradictory opposites is not formed and then res judicata does not function. In the case that ownership registration was cancelled by previous final judgment,if ownership registration based on contractual right is claimed in the later lawsuitcontradictory opposites is not formed. But if recovery of ownership registrationownership registration or the transfer of Ownership registration for recovering agenuine name is claimed in the later lawsuit contradictory opposites exist and thaclaim that the cancellation was illegal is cut off.