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(영문) 의정부지방법원 2015.09.11 2014가단2365
소유권회복등기 및 이전등기말소
Text

1. As to the real estate listed in the separate sheet among the instant lawsuit:

A. The Defendants completed on June 28, 1953.

Reasons

1. Ex officio determination on the legitimacy of a lawsuit

A. The Plaintiff seeks the procedure for the cancellation registration of ownership transfer registration completed on June 28, 1953 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) against the Defendants, and the procedure for the cancellation registration of ownership transfer registration completed on January 5, 1965.

A lawsuit seeking the cancellation of registration against a person who is not a person liable for registration is illegal against a person who is not a person liable for registration (see, e.g., Supreme Court Decision 73Da211, Jun. 25, 1974). According to the evidence Nos. 22 through 25, the nominal owner of the ownership restoration registration of June 28, 1953 is D. The nominal owner of the ownership transfer registration of January 5, 1965 can only recognize the fact that he/she is E, and the Defendants are not a person liable for registration of cancellation of each of the above registrations, and thus the Defendants’ claim against the Defendants is unlawful against a person who is not a party liable for registration of cancellation.

B. The Plaintiff sought the procedure for cancellation registration of ownership transfer registration as to the instant real estate against Defendant B, which was completed on August 22, 1990 by the receipt No. 40214 on August 22, 1990, and sought the procedure for cancellation registration of ownership transfer registration as to the instant real estate as to Defendant C, which was completed on January 28, 1970 by the receipt No. 2121 on January 28, 1970. According to the evidence No. 22, the nominal owner of the ownership transfer registration completed on August 22, 1990 as to the instant real estate is Defendant C, and the nominal owner of the ownership transfer registration completed on January 28, 1970 as the receipt No. 2121 on January 28, 1990 is not the person liable for registration of cancellation of ownership transfer registration, and Defendant C is both the person liable for registration of cancellation of ownership transfer registration against Defendant B, who was not the person liable for registration of ownership transfer registration as to Defendant B.

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