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(영문) 부산지방법원 2007.4.19.선고 2007가합3301 판결
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Cases

207Gahap301 Registration of transfer of ownership

Plaintiff

AA

[Defendant-Appellant] KK

Defendant

Industry Ltd.

BB of representative director BB

Conclusion of Pleadings

April 5, 2007

Imposition of Judgment

April 19, 2007

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim

The defendant shall execute the procedure for the registration of ownership transfer for each defendant's share (3/10) among the respective real estate stated in the attached Form "Omission" (hereinafter referred to as the "real estate of this case") to the plaintiff on the ground that the real name is restored.

Reasons

According to the evidence Nos. 3 and 4-1 and 2, the fact that the registration of transfer of co-ownership (7/10 of the plaintiff and 3/10 of the defendant) of the plaintiff and the defendant has been completed due to the sale by voluntary auction on November 25, 2004 as to the real estate of this case is recognized.

The plaintiff asserts that, among the bid bond, the plaintiff was awarded the real estate of this case on October 20, 2004 with the defendant's 7/10 and 3/10 of the bid bond, but thereafter, the defendant would waive his own share and return the bid bond to the defendant on November 1, 2004, and the successful bid balance on November 25, 2004 was paid by the plaintiff alone and the real estate of this case is owned by the plaintiff alone. Since the fact that the defendant's share waiver was not notified at the auction court at the time of the above registration was completed, the plaintiff's share transfer registration as to each of the real estate of this case is sought based on the restoration of the true name in the future of the plaintiff.

However, a claim for ownership transfer registration for the restoration of the true title of registration is allowed in lieu of the claim for cancellation of the registration against the current title holder in a way that the ownership has already been registered to indicate the ownership in his/her future, or that the person who acquired ownership by law is to restore the true title of registration (see, e.g., Supreme Court en banc Decision 9Da37894, Sept. 20, 2001). Even if the plaintiff's assertion is based on the plaintiff's assertion, the shares

In the future of the plaintiff, there was no record of registration of ownership preservation or registration of ownership transfer in the future, or there is no other evidence to recognize the ownership under the law, and the plaintiff's claim is dismissed without reason.

Judges

The presiding judge shall be appointed from among the judges;

Warrant of Judge

Judges Kim Gung-han

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