소유권말소등기
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. Lawsuits between the Plaintiff and the Defendant
1. Basic facts
A. On August 25, 2014, the Daejeon District Court Sejong District Court completed the registration of ownership transfer in the Plaintiff’s name as the receipt of the Sejong District Court’s Sejong District Court’s Sejong District Court No. 38276 regarding the forest of this case.
B. On November 21, 2014, the Daejeon District Court Sejong District Court: (a) had completed the registration of partial transfer of ownership in the name of the Defendant (hereinafter “instant registration of partial transfer of ownership”) based on the purchase and sale as of November 21, 2014 (hereinafter “the instant sale”) under the title of the Defendant, which was received as of November 21, 2014 from the Sejong District Court Sejong District Court (Seoul District Court’s Sejong District Court
C. On October 16, 2017, the Daejeon District Court Sejong District Court completed the registration of transfer of ownership in the name of pentok-gu Co., Ltd. for the sale of the forest land of this case due to voluntary auction as of October 16, 2017 as of the same day.
[Ground of recognition] Unsatisfy, Gap evidence No. 17
2. Determination as to the cause of action
A. Since the Plaintiff’s primary assertion did not have concluded a contract for the instant transaction, the registration of transfer of ownership in this case was made by F by the Defendant’s representative director F by deceiving the Plaintiff, and the Plaintiff cancelled his intention of transfer of ownership during the instant lawsuit, the registration of transfer of ownership in this case shall be cancelled as the registration of invalidity of cause
However, since the forest land of this case was sold at auction during the course of the lawsuit of this case and both the plaintiff and the defendant lose ownership, the entries in the ownership transfer registration of this case should be cancelled.
B. In order for a real estate owner to seek cancellation of ownership transfer registration against the nominal owner of ownership transfer registration by asserting that the cause for registration of ownership transfer is null and void, the existence of the right to claim for cancellation of ownership transfer registration is no longer recognized if the former owner loses ownership (see Supreme Court Decision 2010Da89814, Feb. 28, 2013). Original registration is made by the person entitled to registration and the person liable for registration.