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(영문) 대구지방법원영덕지원 2016.10.20 2015가합146
등기명의인표시변경등기 말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On August 16, 201, the Plaintiff completed the registration of ownership transfer in its name as to the instant real estate (i.e., the instant real estate); and (ii) on May 8, 2015, the registration of ownership preservation in its name was completed.

B. The Plaintiff’s registration of change of the registered titleholder’s indication was completed as of July 29, 2015, which was received on July 29, 2015 by the Ulsan District Court, the Ulsan District Court, the Ulsan District Court, the Ulsan District Court, and the registration of change of the registered titleholder’s indication was completed as of July 29, 2015, which was received on July 29, 2015 by the receipt of No. 7802 from the Daegu District Court, the Plaintiff’s representative was changed as of July 29, 2015.

[Reasons for Recognition] Each entry of Gap 2, 3, 4, 11 (including paper numbers) without dispute

2. We examine ex officio the legality of the instant lawsuit on the determination of the lawfulness of the instant lawsuit.

A. The Plaintiff was dissolved and did not exist at the time of the completion of each of the instant arguments as to the cause of the Plaintiff’s claim.

Therefore, the defendant could not be elected as the representative of the plaintiff at the time, and even if there was a resolution to select the defendant as the representative of the plaintiff, such resolution is null and void due to substantive and procedural defects. Therefore, the defendant cannot be viewed as the representative

Nevertheless, the defendant completed the registration of change of each indication of this case by changing the name of the representative of the plaintiff, who is the registered titleholder of each real estate of this case, as the defendant.

Ultimately, the Defendant is obligated to implement the procedure for registration of cancellation of each change of indication in this case to the Plaintiff.

B. If the registration of change of the indication of the person under whose name the registration was made in such a way as to impair the identity of the person under whose name the registration was made, the former person under whose name the registration was made.

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