채권적 소유권이전등기 청구를 인용한 판결의 기판력의 작용에 관한 연구

The subject of this paper is whether the res judicata of a previous final judgment functions when the ownership registration identified by the previous final judgment admitting the claim on ownership registration based on receivables has been finished. The case that res judicata functions is either the case that the decision confirmed by the res judicata of the prior suit becomes the subject-matter of the latter suit(identical relation) or the case that the decision confirmed by the res judicata of the prior suit becomes the previous question of the latter suit. Among the cases that the decision confirmed by the res judicata of the prior suit becomes the previous question of the latter suit, the cases that the party who won the prior lawsuit loses the legal benefit of prior decision if the claim of later lawsuit is accepted correspond to contradictory relation, and the other cases to previous-question relation. When the plaintiff(the defendant of the prior suit) claims cancellation of ownership registration after the registration identified by the previous final judgment admitting the claim on ownership registration based on receivables has been finished, contradictory relation is formed and the res judicata of a previous final judgment functions. When the plaintiff(the plaintiff or defendant of the prior suit) claims certification of ownership in the latter suit, in general, previous- question relation is formed and the res judicata of a previous final judgment functions. When the plaintiff(the plaintiff or defendant of the prior suit) claims the delivery of real estate or the restitution of unjust enrichment in the latter suit, in general, previous-question relation is formed and the res judicata of a previous final judgment functions.