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(영문) 청주지방법원충주지원 2019.05.16 2018가단4836
소유권이전등기절차이행
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

With respect to Paragraph 1 (Request for Cancellation of Registration of Ownership in Defendant’s Name), the Plaintiff’s summary of the claim was acquired by prescription by occupying the land B, C, D, E, and F (hereinafter “instant land”) in Chungcheong City for at least 20 years.

Accordingly, in order to take the procedure for registration of ownership transfer, a judgment on confirmation of ownership should be rendered. If there is a judgment that the Defendant’s procedure for registration of ownership transfer should be implemented, the claim as stated in paragraph (1) of the purport of the claim should be accepted, since the land of this case is indirectly owned by the Plaintiff even without any separate

Judgment

In this case, it is difficult to recognize that there was an error in the registration procedure of transfer registration of ownership in the name of the defendant with respect to the land of this case only by the documents

(On the other hand, the purport of the Plaintiff’s assertion is that the above cancellation is necessary for the registration of ownership transfer for the completion of prescriptive acquisition, but it does not seem that the registration of ownership transfer due to the completion of prescriptive acquisition for the Defendant’s registration of ownership transfer cannot be seen as possible. On April 26, 2019, the Plaintiff filed an application for resumption of pleadings with the purport that “the owner on the registration of the instant land owned by the Defendant is registered as the Defendant, and the Defendant is confirmed as to the ownership.” However, the Plaintiff did not accept the application for resumption of pleadings because it is difficult to consider it as a request necessary for the registration of ownership transfer due to the completion of prescriptive acquisition as a request for the registration of ownership transfer due to the completion of prescriptive acquisition [On the other hand, the Plaintiff (domestic family member) who did not become the previous owner is entitled to file an application for resumption of ownership transfer due to the restoration of the real name.

Meanwhile, the Defendant on May 13, 2019.

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