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(영문) 대법원 2018.05.11 2017다281879
소유권이전등기
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 2, since the defendant can register the share of the right to a site through the procedure for registration of correction, there was no legal interest in a lawsuit seeking the implementation of the procedure for registration of cancellation. The court below rejected the defendant's main defense of safety based on the circumstances in its reasoning

The reason why the Plaintiff and B (hereinafter “B”) need to file a claim against the Defendant for cancellation of the registration of ownership of the said site in order to complete the registration of transfer of ownership of the land corresponding to the Plaintiff’s right to use the site for exclusive use.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the registration of indication of a site ownership, registration of correction thereof, and the benefit of a lawsuit.

2. As to the ground of appeal No. 1, the Defendant asserted that the share of 285.68/66 of the 51,768 of the 51,768 of the 51,768 apartment among the land of this case was excluded from the land which is the object of the site right of the second apartment, and was excluded from the site of the first apartment as well as from the site of the

In the indication column of the right to a site in the building register of the second apartment, it is difficult to find a reasonable reason to delete the share of the right to a site in the first apartment site, and there is no evidence to find that such registration is consistent with the substantive legal relationship.

Examining the above judgment of the court below in light of the relevant legal principles and records, it did not err by misapprehending the legal principles on the elements for establishing a right to use site, the validity of a right to site deleted by correcting original errors, etc.

3. As to the remaining grounds of appeal, the lower court determined as follows.

The unregistered shares of this case remain in the future B, and transferred to the defendant, the shares of this case 27.31.

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