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(영문) 서울북부지방법원 2018.06.12 2017가단27522
결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In a lawsuit demanding the implementation of the cancellation registration procedure, a person who is not a registrant shall not be the defendant.

Inasmuch as it is apparent that the title holder of the ownership transfer registration seeking cancellation by the Plaintiff is not the Defendant, the instant lawsuit is unlawful as it is against a person disqualified as the Defendant.

this Court seeks the revocation of the 2008 Mano-8 decision (Objection against a disposition by a registrar)

Even in the instant case, where a registrar revoked a rejection disposition by citing an objection against the rejection disposition of an application for registration filed by a registrar and executes a registration pursuant to a decision ordering a registration pursuant to an application, the revocation disposition by rejection of an application for registration cannot be appealed (see Supreme Court Order 201Ma45, Apr. 12, 201).

Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.

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