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(영문) 수원지방법원 2015.06.09 2014가합62797
소유권말소등기
Text

1. Of the instant lawsuit, the Suwon District Court’s Suwon District Court’s registry office was completed on May 29, 1990 as the receipt No. 16169.

Reasons

1. On May 29, 1990, the Plaintiff seeking the implementation of the procedure for the cancellation of registration of cancellation of ownership modification (hereinafter “registration of correction of this case”) which was completed by the Suwon District Court's Suwon District Court's registry office on May 29, 1990.

On the other hand, the supplementary registration of correction of ownership transfer registration is dependent on the ownership transfer registration which is an existing principal registration and constitutes a whole of the principal registration, and it is not a new registration which is separate from the principal registration. Thus, in the case where the ownership transfer registration and subsequent correction registration which is completed is null and void, only seeking cancellation of the above principal registration, and even if the principal registration is not separately seeking cancellation, if the registration is cancelled, it is the nature to be cancelled ex officio. Thus, the claim for cancellation of the above supplementary registration is illegal as a claimant who has no interest in the lawsuit (see Supreme Court Decision 2001Da4903, Apr. 13, 2001). Therefore, the part of the claim for cancellation registration of the above corrective registration in the lawsuit in this case is unlawful.

According to the statement in Gap evidence No. 5 on this case, the registration of correction in this case is recognized as the supplementary registration of correction of ownership transfer registration in Paragraph 2 of the order (hereinafter "the registration of transfer in this case"). The plaintiff is only seeking cancellation of the registration of transfer in this case which is the main registration in this case, and even if the supplementary registration is not separately seeking cancellation, the registration of correction in this case shall be cancelled ex officio following the cancellation of the registration of transfer in this case which is the main registration in this case. Thus, the part seeking cancellation of the registration of correction in this case among the lawsuit in this case is unlawful because there is no benefit in protecting rights.

2. Indication of claims: To be as shown in Appendix 2; and

3. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act.

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