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(영문) 서울고등법원 2018.01.19 2017나2048575

등기명의인표시변경등기말소청구

Text

1. Revocation of the first instance judgment.

The instant lawsuit is dismissed.

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

purport.

Reasons

Basic Facts

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

소의 적법 여부에 대한 판단 원고 주장의 요지 피고의 대표자 G은 원래 원고의 대표자 지위에 있었는데, 종단 H의 분열을 기화로 자신을 신격화하는 별도의 독자적 종교단체인 피고를 만들고, 별지 목록 기재 각 부동산에 관하여 “종단 A종교단체” 즉 원고에서 “B종교단체” 즉 피고로 명의변경등기를 마침으로써 원고의 재산을 가로챘다.

Therefore, the registration of change of indication of a registered titleholder with regard to each real estate listed in the attached list shall be cancelled because it constitutes an unlawful registration made by a method that undermines the identity of the registered titleholder, and is not based on the intention of the plaintiff, who is the original

Judgment

If the change of the indication of a registered titleholder is illegally made in such a way as to harm the identity of the registered titleholder and the registration thereof becomes the result of expressing the other person, the original registered titleholder may seek the cancellation of such change against the new registered titleholder, but if the change is merely made within the extent that the identity of the registered titleholder is maintained, even if the change was erroneous, it shall be made by submitting a prescribed document and making the registration of change of the indication. Therefore, seeking the cancellation of the change of the indication shall not be permitted as there

(see, e.g., Supreme Court Decision 201Da9136, Mar. 15, 2012; Supreme Court Decision 98Da60903, Jun. 11, 1999). Species A religious organization (hereinafter “the instant Religious group”) shall meet E as a final branch, and shall be a regional subordinate organization of the Order H, which is for the construction of the Mancheon River, the remedial plant, the Boan National Assembly citizen, and the final branch of the Order H, and E as its final branch of the Order H.