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(영문) 전주지방법원 2017.01.11 2016가단16391

등기명의인표시경정등기말소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion B (the deceased on August 30, 1978, hereinafter "the deceased") purchased the real estate of this case on May 31, 1969, and "No. 13952 of the Jeonju District Court No. 13952 of the receipt on June 3, 1969" appears to be a clerical error.

The registration of ownership transfer is completed.

However, without any title, the defendant completed the registration of correction of the indication of a registered titleholder, such as the statement in the purport of the claim, and the plaintiff, one of the deceased's successors, claims against the defendant for the execution of the procedure for cancellation of the registration of correction of indication.

2. Where the registration of change of indication made in a manner detrimental to the identity of the registered titleholder and such change has become the result of representing another person, the original registered titleholder shall be entitled to seek the cancellation of such change from the new registered titleholder, but where such change is merely made within the extent that the identity of the registered titleholder is maintained, even if it was erroneous, the registration of change of indication was made by submitting a prescribed document and making a registration of change of indication was made, making it impossible to file a lawsuit to seek the cancellation of such change of indication as

(See Supreme Court Decision 201Da9136 Decided March 15, 2012, etc.). The written evidence Nos. 4 and 6 alone is insufficient to deem that the Defendant, even though the Deceased was the owner of the instant real estate, caused damage to the identity of the registered titleholder by completing the registration of change of indication in the name of the registered titleholder. In addition, there is no evidence to acknowledge otherwise, seeking the implementation of the registration procedure of change of indication in the instant case as a lawsuit does not have a benefit of lawsuit.

3. In conclusion, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.