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(영문) 대구지방법원 안동지원 2018.07.04 2016가단4501
소유권이전등기
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The defendant,

A. 1,00,000 won from the Plaintiff.

Reasons

In determining the legality of the part concerning the claim for confirmation of ownership among the instant lawsuit, the Plaintiff seeks to seek against the Defendant the confirmation that the instant building is owned by the Plaintiff, in addition to seeking the implementation of the procedure for ownership transfer registration based on the restoration of the real name related to the 110 square meters of general wood structure C in permanent residence and the 110 square meters of multi-story housing on the ground floor of the machinery and the bridge roof (hereinafter “instant building”).

A lawsuit for confirmation is recognized in cases where it is recognized that it is the most effective and appropriate means to determine the legal status of the plaintiff when the legal status of the plaintiff is unstable and dangerous. Thus, a lawsuit for confirmation can be brought, despite the fact that the lawsuit for confirmation is not a final solution of a dispute (see, e.g., Supreme Court Decision 2005Da60239, Mar. 9, 2006) and there is no benefit in confirmation because it is not a final solution of the dispute (see, e.g., Supreme Court Decision 2005Da60239, Mar. 9, 2006). Upon receiving a judgment ordering the plaintiff to implement the procedure for ownership transfer registration of the building of this case against the defendant, the plaintiff's claim for ownership confirmation of the building of this case cannot be a necessary and appropriate

Therefore, the claim for confirmation of ownership of the instant building among the instant lawsuits is unlawful.

Basic Facts

The Defendant, established for the purpose of real estate development business, such as the Defendant’s business plan, etc., purchased D forest land of 16959 square meters (the alteration to the registration conversion, partition, and merger to the E large scale 918 square meters in Young-si around October 2016) and F 311 square meters in size (the subsequent alteration to the registration conversion and division around October 2016, the alteration to the G large scale 217 square meters in Young-si, Young-si) at permanent residence, and decided to construct a site for detached housing in the instant housing project site and sell it in installments.

hereinafter the above changed "Yan-si E, Young-si, 918 square meters" and the changed "Yan-si, Young-si, 217 square meters."

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