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(영문) 서울고법 1972. 6. 30. 선고 71나2729 제10민사부판결 : 확정
[소유권이전등기말소청구사건][고집1972민(1),377]
Main Issues

A person who needs registration pursuant to Article 10 of the Addenda of the Civil Act.

Summary of Judgment

A person who needs to be registered pursuant to Article 10 of the Addenda of the Civil Act shall be limited to a person who acquires goods through a juristic act, and therefore, the ownership shall not be included in a person who takes ownership due to the circumstances under the Decree on the Investigation into Land of Shipbuilding. Thus, even if the registration was not completed by December 31, 1965,

[Reference Provisions]

Article 10 of Addenda to the Civil Act

Plaintiff, Appellant

Plaintiff 1 and one other

Defendant, appellant and appellant

Korea Steel Corporation

Judgment of the lower court

Seoul Central District Court (70 Ghana16830) in the first instance trial

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim

The plaintiffs, on October 23, 1970 as to the 15 Forest land No. 25 forest land No. 1,94 forest land No. 25 forest land No. 82452, the defendant Steel Co., Ltd. shall implement the procedure for cancellation of the registration of the establishment of a new mortgage on October 23, 1970 against the plaintiffs.

The court costs are assessed against the defendant.

Purport of appeal

The defendant shall revoke the original judgment.

The plaintiffs' claims are dismissed.

The court costs are assessed against all the plaintiffs in the first and second instances.

Reasons

According to the reasoning of the judgment below, the court below rejected the plaintiff 1's non-party 1's non-party 2's claim for the registration of the establishment of the above real estate under the non-party 1's name and the non-party 2's non-party 3's non-party 1's non-party 1's non-party 5's non-party 9's non-party 1's non-party 1's non-party 9's non-party 9's non-party 1's non-party 1's non-party 2's non-party 9's non-party 1's non-party 9's non-party 1's non-party 2's non-party 1's non-party 5's non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party

Judge Han Man-Shan (Presiding Judge) Lee Man-soon

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