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(영문) 대전지방법원 서산지원 2018.09.18 2018가단3061

건물철거 및 대지인도등

Text

1. The part demanding the implementation of the procedure for the registration of destruction of a building among the lawsuits in this case shall be dismissed.

2. The defendant is the plaintiff (appointed party).

Reasons

1. Rejection part

A. The Defendant is a person holding the ownership on the register of the destroyed house in this case, and the Plaintiffs are the owners of the land where the said house is located.

The defendant is obligated to implement the procedure for the registration of destruction of the destroyed house of this case, which was already destroyed and lost to the plaintiffs.

(b) Where a building is destroyed or lost ex officio in determining the legitimacy of the lawsuit, a registered titleholder of the building shall apply for registration thereof within one month from the time such fact exists, and where the registered titleholder of the building fails to apply for registration thereof within one month, the owner of the building site may apply for registration thereof in subrogation of the registered titleholder of the building;

(Article 43(1) and (2) of the Registration of Real Estate Act. The Plaintiffs, the owners of the instant destroyed house, can file an application for registration of destruction of the building on behalf of the Defendant on behalf of the Defendant. As such, there is no benefit in filing a lawsuit against the Defendant to seek implementation of registration procedures for destruction of the destroyed house

Among the instant lawsuits, the claim for the performance of the registration procedure for destruction of buildings is unlawful.

2. The cited part

A. The Plaintiffs to be indicated in the claim are the owners of the land indicated in attached Table 2, and the Defendant owns the buildings listed in attached Table 1 on the above land.

(b) Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);