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(영문) 대전지방법원 2017.06.16 2016나9849
소유권확인
Text

1. All appeals by the plaintiff (appointed party) and the selective claims added by this court are dismissed.

2. Appeal;

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the determination as to the selective claims added by the plaintiff in this court, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the Plaintiff’s selective claim

A. If the plaintiff alleged as the defendant, V, a relative ofO, borrowed 1 million won from M on behalf of theO and sold the instant real estate as security.

Therefore, the Defendants, co-inheritors of M, as co-inheritors, are obliged to receive the above loans and delayed payment from the Plaintiff and the designated parties, who are co-inheritors of M, and to implement the registration procedure for ownership transfer on the instant real estate due to the restoration of real name.

B. Determination 1) A claim for ownership transfer registration for the restoration of real name is allowed in lieu of seeking the cancellation of ownership registration against the current registered titleholder by a person who has already registered ownership in his/her own name as a registration indicating ownership or by a person who has acquired ownership under law to restore his/her real name. Thus, a person who did not have registered ownership in his/her own name and did not acquire ownership under the law may not file a claim for ownership transfer registration for the restoration of real name against the current registered titleholder (see, e.g., Supreme Court Decision 2002Da41435, Jan. 10, 2003). Therefore, first of all, a claim for ownership transfer registration for the restoration of real name of the real estate of this case by a plaintiff and a designated person, namely, whether he/she is the owner whose ownership was registered in his/her name, or who acquired ownership under the law, even if all the evidence submitted by the plaintiff was examined.

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