소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The following facts are not disputed between the parties:
(1) On November 12, 2003, Defendant B acquired the ownership transfer registration from the J on the ground of sale on the 10th of the same month with respect to D & 449 square meters (hereinafter “instant site”).
(2) On April 25, 2014, Defendant B transferred the registration of ownership transfer on the instant site to Defendant C, who is a Dong resident, for sale on April 25, 2014.
B. The plaintiff is the mother of the defendants.
2. Determination on the legality of a lawsuit
A. The Plaintiff’s assertion (1) purchase of the instant site from J (a) is the Plaintiff, and the Plaintiff was the person who purchased the instant site (a unregistered house) and completed the registration of ownership transfer by lending the name of Defendant B.
Afterward, Defendant B, a female, transferred the name of ownership transfer.
(2) Since the transfer registration of ownership transferred by the Defendants is based on so-called so-called “three-party registered title trust,” the cause is null and void.
The plaintiff subrogated to the seller (the status of the seller E, his wife E, child F, G, H, and I shall succeed to his status) and seek the cancellation of the registration of ownership transfer from the defendants.
B. (1) Determination is unlawful in a lawsuit filed to exercise a creditor's subrogation right without a preserved claim
(2) There is no evidence supporting that the party who purchased the instant site from J is the Plaintiff from November 8, 1994, etc. (see, e.g., Supreme Court Decision 94Da31549, Nov. 8, 1994).
[Plaintiff] The plaintiff submitted a written withdrawal of action (the defendant did not consent thereto)
(1) The Plaintiff did not appear on the first date for pleading. As long as the Plaintiff’s right to claim for ownership transfer registration is not recognized, the instant lawsuit is unlawful as it was instituted without a preserved claim.
3. The instant lawsuit is dismissed as it is unlawful.