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(영문) 서울중앙지방법원 2017.01.23 2016재나162
가등기 및 소유권이전등기 말소 등기
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:

The Plaintiff, around the other hand, filed against Defendant B, with the Seoul Central District Court Decision 2012Da235855, the procedure of cancelling the registration of ownership transfer on June 10, 2004 (hereinafter “1 ownership transfer registration”), which was completed on January 16, 2001 by the Gangnam District Court (Seoul District Court Decision 201Da2819, the provisional registration of ownership transfer claim (hereinafter “1 provisional registration”) and the provisional registration of ownership transfer on January 16, 201, which was completed on January 16, 201, was null and void, or even if the provisional registration of this case and the provisional registration of ownership transfer on January 16, 201, which was completed on January 23, 2006, filed with the registry office for the cancellation of the registration of ownership transfer on June 10, 2004 (hereinafter “201 ownership transfer registration”). As long as the provisional registration of this case and the provisional registration of this case were null and void, the registration office’s receipt of ownership transfer registration on June 2181, 201, etc.

The Plaintiff sought confirmation of the invalidity of the first and second provisional registrations of this case and the first and second ownership transfer registration of this case against the said Defendants.

B. On March 10, 2015, the court of first instance rejected the Defendants’ preliminary claim on March 10, 2015 on the grounds that obtaining the judgment of confirmation that the instant Nos. 1 and 2 and the instant Nos. 1 and 2 are null and void cannot be deemed the most effective and appropriate means to eliminate the Plaintiff’s legal status’s unstable risk.

In addition, the court of first instance.

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