소유권말소등기
1. The instant case was terminated on August 13, 2015 by the Defendant’s defeat.
2. The participation in the litigation costs shall be made.
With respect to the instant lawsuit against the Defendant seeking implementation of the procedure for registration of cancellation of registration of the preservation of ownership, which was completed on December 10, 2013 by the Militarysan District Court No. 61634, with respect to the real estate stated in the separate sheet, the fact that the Defendant accepted the instant claim from the date of first pleading ( August 13, 2015) is apparent in the record.
On the other hand, recognition of the claim is a unilateral declaration of intent to the court that recognizes the defendant's existence of reason for the plaintiff's claim. If such declaration of intention is made, the court shall examine whether the claim is the right which the party can dispose of and whether the claim constitutes a legal assertion of relation of right permissible by specifying it, and then examine the litigation capacity of the party and special requirements, etc. as to the litigation capacity of the party, and the litigation shall be terminated as a matter of course
As to this, the Defendant’s Intervenor asserts to the effect that it is legitimate for the Defendant to complete the registration of preservation of ownership in the name of the Defendant by subrogation of the obligee as the Defendant’s obligee, since the Defendant acquired the real estate listed in the annex.
However, Article 76 (2) of the Civil Procedure Act provides that, in cases where the intervenor's procedural acts are against the intervenor's procedural acts, the intervenor's procedural acts shall not be effective. The purport of the provision is that, in cases where the intervenor's procedural acts and the intervenor's procedural acts are contrary to each other, the intervenor's intent takes precedence over the intervenor's procedural acts. Thus, as long as the defendant, who is the intervenor, acknowledged the other party'
Therefore, the instant lawsuit is deemed to have been terminated on August 13, 2015 by the defendant's failure to file a petition. Therefore, the instant lawsuit is decided as per Disposition by the declaration of termination of the lawsuit.