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(영문) 청주지방법원 충주지원 2018.03.21 2017가단4730
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion is the Plaintiff’s possession of 105,038 square meters of C Forest C forest in Chungcheongnam-gun, Chungcheongbuk-gun, and Nonparty E forged a sales contract and completed the registration of ownership transfer in the future, E, etc., and the Defendant purchased 3/7 shares of the above real estate from the above E. The registration of ownership transfer is invalid, and thus, the Plaintiff’s future cancellation is sought.

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

In other words, a suit for the execution of a registration procedure against a person who is not a person liable for registration, who loses his right or is not a person who is not a person (registration titleholder or general successor) due to the registration in the form of the registry, is an unlawful suit against a person who

(See Supreme Court Decision 93Da39225 Decided February 25, 1994, etc.). According to the Plaintiff’s evidence No. 3, the Defendant purchased 3/7 shares out of 105,038 square meters of forest land C and 105,038 square meters in Chungcheong-gun, Chungcheong-gun, and then transferred the shares owned to Cheongju District Court on August 13, 2016 due to the division of the jointly-owned property into F, G, H, and I on March 20, 2017. The Plaintiff’s lawsuit against the Defendant, who is not a person responsible for registration of the said real estate, is unlawful as it is against a person who is not a party-qualified.

3. The lawsuit of this case is dismissed as unlawful.

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