logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.08.19 2016나51152
소유권말소등기
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Part 5 of the judgment of the court of first instance is written by converting "the real estate of this case" into "each real estate of this case".

Part 4 of the judgment of the first instance court, "A just because of the same circumstances as the above (1) through (4)" in Part 8 of the judgment of the first instance court shall be decided as follows: "If only the evidence submitted by the plaintiff is not a Japanese person, E shall not be a Japanese person."

[Supplementary Part] The “C Department” shall be added in front of the “E” of the second 10th judgment of the court of first instance.

The following shall be added to the third 7 pages of the judgment of the first instance:

In order to seek cancellation of the ownership transfer registration completed in the name of the defendant against the defendant, the plaintiff must first assert and prove that the plaintiff has the right to claim cancellation, and if it is not recognized that the plaintiff has such right, the plaintiff may not accept the plaintiff's claim even if the registration of invalidation is to be cancelled (see Supreme Court Decision 98Da17831, Feb. 26, 1999). Therefore, even if the registration of ownership transfer in the name of the defendant who seeks cancellation is invalid for the reason of reversion of right without a legitimate title, unless it is proved that the registration of ownership transfer in the name of the defendant who seeks cancellation is invalid for the reason of reversion of right without a legitimate title, the plaintiff cannot be deemed to fall under the heir of the shares corresponding to the registration in the name of E, and thus the plaintiff cannot seek cancellation of the ownership transfer registration against the defendant, and if it is not recognized that the plaintiff has such right, the following contents shall be added.

“(6) For each of the instant real estates, 1/2. each of the instant real estates is based on the same cause for registration as C and E in the same name.

arrow