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(영문) 전주지방법원남원지원 2016.11.03 2016가합118
소유권말소등기
Text

1. The part of the Plaintiff’s lawsuit against Defendant C’s request for cancellation of the registration of chonsegwon shall be dismissed;

2. The defendant B.

Reasons

1. The cause of the claim is as shown in the annexed sheet;

2. Judgment on deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

3. On the premise that Defendant C’s registration of ownership transfer (hereinafter “instant registration of ownership transfer”) as of December 4, 2014 as of December 4, 2014 as indicated in paragraph (1) of the order of Defendant B is subject to cancellation due to cancellation of the contract, the Plaintiff also sought for cancellation of the instant registration of lease on a deposit basis (hereinafter “instant registration of lease on a deposit basis”) from Defendant C, who completed the registration of creation of chonsegwon (hereinafter “registration of lease on a deposit basis”) on July 20, 2015 based on the registration of ownership transfer.

However, in such a case, Defendant C constitutes “third party who has an interest in the registration” with respect to the cancellation of the ownership transfer registration of this case, and if the Plaintiff filed a certified copy of the judgment with Defendant C by claiming against the competent registration officer for the cancellation of the ownership transfer registration of this case, the registration officer will ex officio cancel the registration of the creation of the right to lease of this case (Article 57 of the Registration of Real Estate Act). Therefore, the part against Defendant C seeking the cancellation of the registration of the right to lease of this case, separate from the expression of consent as above, is unlawful as

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