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(영문) 수원지방법원 2016.10.20 2016가단19523
소유권말소등기등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an owner who completed the registration of ownership transfer on May 4, 1976 with respect to B 3979С (hereinafter “instant real estate”).

B. At the same Eup as the Plaintiff, Dong name C (hereinafter “Dong name”) was a Dong name (hereinafter “Dong name”), and after the Dong name was deceased, the Dong name was imposed by an administrative agency due to an error in the name of the Dong name, and D, whose name is the mother of Dong name, applied for the registration of change of the name of registered titleholder as if the real estate owner is the Dong name (hereinafter “instant registration of change of indication”), and completed each registration of change of ownership on the same day, applying for registration of change of the name of registered titleholder as if he is the Dong name.

C. On November 20, 2015, the Plaintiff filed a lawsuit against D, etc. for registration of cancellation such as transfer of ownership (the Jeonju District Court’s Gunsan Branch 2015da7010), and rendered a judgment on November 20, 2015 that “D will cancel the registration of transfer of ownership completed with respect to the instant real estate,” and the said judgment became final and conclusive on January 15, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. In relation to the registration of the correction of the indication of this case, the Plaintiff’s assertion registration officer may comprehensively review the documents attached to the resident registration certificate, the certified copy, the certified copy, the certified copy, and the certificate of the same person’s guarantee submitted by D, even though he could have known that the certificate of the same person’s guarantee was forged, he was negligent in making the registration of correction by neglecting this, and thereby, the Plaintiff caused the litigation costs, registration costs, and mental damage, thereby paying

B. According to the Registration of Real Estate Act, the registrar 1 has the authority to examine whether the documents required for the application for registration have been submitted, and whether the submitted documents have been formally authentic, but the application for registration is consistent with the legal relationship under the substantive law.

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