소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Defendant asserted that the subject matter of the claim is unlawful because the subject matter of the claim is not specified, and thus, if the Defendant seeks to cancel the registration of transfer of ownership as to the old parcel number which ceased to exist due to the merger, the registration should be cancelled by dividing it. As such, the Plaintiff must specify the subject matter of the claim as the surveying drawing on which the subject matter of the claim can be subdivided. However, if the subject matter of the claim is specified as the old parcel number
Therefore, it is inappropriate for the Plaintiff to register the cancellation of the instant real estate by specifying only the parcel number before the merger, and thus, the instant lawsuit was not specified. The Defendant’s defense is justified. The Defendant’s defense is with merit. The Defendant’s defense is with respect to the following: (a) whether the registration of the transfer of ownership was completed for the acquisition of the instant real estate through consultation with the Defendant on March 16, 2001; (b) whether there was no dispute between the parties or the registration of the merger with the Defendant on March 16, 2001; and (c) the Plaintiff sought the registration of the cancellation of the instant real estate by specifying the subject matter of claim only by the former parcel number before the merger.
(2) The court below ordered the plaintiff to correct the subject matter of the claim as a divisible measurement drawing on the second date for pleading, but the plaintiff did not comply with the order). Thus, the lawsuit of this case is dismissed as it is unlawful.