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(영문) 춘천지방법원 2018.05.29 2017가단6101
소유권이전등기
Text

1. The part of the claim for cancellation of registration of the establishment registration near the instant lawsuit shall be dismissed;

2. The plaintiff (Appointed) is a party.

Reasons

1. On December 30, 1997, the Defendant completed the registration of ownership transfer with respect to the instant land in the name of the Defendant, and completed the registration of ownership transfer with respect to the instant land at KRW 18,99,00 with the maximum debt amount of KRW 18,98,00.

On May 25, 2007, the Defendant’s father D completed the registration of ownership transfer with respect to the land of 59,207 square meters (hereinafter “E land”) in the Republic of Korea of Gangseo-gun, Hongcheon-gun E-gun.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff and the designated parties asserted and determined that D would sell the land owned by D to the Republic of Korea and receive KRW 31,970,780 as compensation, and that the Defendant recommended D to purchase the land of this case. Since D received KRW 32 million as the purchase price of the land of this case from D, the Plaintiff and the designated parties agreed to complete the registration of the establishment of the establishment of the instant relocation by cancelling the registration of the establishment of the instant relocation and completing the registration of the ownership transfer, the Defendant asserts that the Plaintiff and the designated parties are obliged to cancel the registration of the establishment of the instant relocation and implement the registration of the ownership transfer for each of 1/3 shares of the instant land.

First, we examine the cancellation registration claim of the instant right to collateral security.

A lawsuit seeking the implementation of the procedure for cancellation registration shall be filed against the person liable for registration (the title holder of registration or his/her general successor), and a lawsuit seeking the implementation of the procedure for cancellation registration against a person who is not the person liable for registration is an unlawful lawsuit against a person who is not a party.

(See Supreme Court Decision 93Da39225 delivered on February 25, 1994, etc.). According to the above facts, the person liable for the registration of cancellation of the registration of the establishment of the neighboring establishment of the instant case is an agricultural and fishing village corporation, which is a registered titleholder, and the Defendant is not liable for the registration of cancellation. Thus, the Plaintiff’s lawsuit seeking cancellation of the registration of the establishment of the neighboring establishment against the Defendant

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