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(영문) 부산지방법원 2015.07.23 2015가합41674
등기명의인표시경정절차이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed under the name of December 24, 1964 with respect to the real estate of Gangseo-gu Busan Metropolitan City B, B, and 731 square meters (hereinafter “the instant real estate”). The registration of ownership transfer was completed due to the completion of repayment on December 30, 1956 in the name of “C”. The registration of the instant real estate in the registry of the real estate of this case is written “C’s address, which is the title holder of the said registration, as “Yansan-gu D”.

B. On October 16, 2014, the Plaintiff, as the heir of the deceased E (the deceased on October 10, 1988) filed an application for registration of change of the indication of the registered titleholder that the “owner C, Busan Northern-gu D” part of the owner and other matters in the registry of the instant real estate was changed to “owner E, Busan Gangseo-gu D” (hereinafter “instant application”), and on October 17, 2014, the registration officer of the Busan District Court Gangseo-gu registry office of the registration office of the instant real estate, as the applicant for registration of the registered titleholder who already died, determined to dismiss the instant application on the ground that it constitutes Article 29 subparag. 2 of the Registration of Real Estate Act.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, and 6 (including additional number, if any) and the purport of the whole pleadings

2. A non-existent person registered as the owner of the instant real estate in the Plaintiff’s assertion. This mistakenly stated that it would be recorded as the Plaintiff’s net E, and the deceased E’s heir, including the Plaintiff, is subject to restrictions on the exercise of ownership as the owner of the instant land.

The Plaintiff sought implementation of the procedure to rectify the portion of “owner C, Busan Northern-gu D” as “owner E, and Gangseo-gu Busan Gangseo-gu D,” indicated in the list of holders and other matters in the registry of the instant real estate against the Defendant, although the Plaintiff was dismissed.

3. The registration of real estate to judge the defendant's defense prior to the merits shall be applied solely by the registered titleholder of the relevant right, and the registration of change or correction of the indication of the registered titleholder shall be applied solely by the registered titleholder.

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