logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.18 2016나2057251
소유권말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: “On the other hand, the court of first instance shall grant the Defendants the right to claim for cancellation of ownership transfer registration on the ground of false indication or fraudulent act revocation” with respect to each real estate of this case as preserved right by the Seoul Western District Court Decision 2015Kahap50120, Seoul Western District Court Decision 2015Kahap50120, stating that “The provisional disposition registration was completed with respect to each real estate of this case on March 17, 2015,” and the part in Chapters 8 through 16, 9, and 15, 8, 16, and 9, as stated in the second sentence of Article 420 of the Civil Procedure Act is the same as the reasoning for the judgment of the court of first instance, and this shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. (1) A creditor of relevant legal principles, such as the plaintiff, etc., may exercise the debtor's right on behalf of the debtor in order to preserve the debtor's claims. Thus, in cases where the creditor's right to preserve is closely related to the debtor's right to exercise the debtor's right in subrogation of the debtor's right to exercise his/her right in subrogation of the debtor's right and where it is necessary to ensure that the creditor's exercise of the debtor's right in subrogation of the debtor's right in subrogation of the debtor's right is an unreasonable interference with the debtor's act of free property management, barring special circumstances, such as the exercise of the creditor's right in subrogation of the debtor's right in subrogation of the debtor's right to exercise the right in subrogation of the debtor's right to exercise the right in subrogation

(see, e.g., Supreme Court Decision 2006Da82700, 82717, May 10, 2007). The Plaintiff seeks to preserve it.

arrow