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(영문) 의정부지방법원 2017.12.06 2017가합51464
소유권이전등기
Text

1. Of the instant lawsuit, the part of the claim for cancellation of the registration of restriction on rights against Defendant C shall be dismissed.

2. The plaintiff, Ga.

Reasons

1. Claim against Defendant C, D, E, and F

(a)the reasons for the claim and each description of the briefs are as shown in Annex 2 to the indication of the claim;

B. The judgment on the constructive admission of applicable provisions of law (Articles 208(3)2 and 150(3) of the Civil Procedure Act): Provided, That with respect to the part demanding the cancellation of the registration of restriction on right against Defendant C, ex officio, the part demanding the cancellation of the registration of restriction on right should be specified by clarifying the contents and scope of the claim, so that it can be confirmed in itself by clarifying the contents and scope of the claim. In this case, the subject of the registration of restriction on right

Furthermore, even if the Plaintiff’s provisional registration for the right to claim a transfer of ownership (G), seizure (National Health Insurance Corporation by the right holder), and the registration for the establishment of a neighboring residential district, the lawsuit against a person liable for registration, namely, a person who is not a party eligible for registration, who loses his/her right or is not a person who is not a party eligible for any other disadvantage (hereinafter the general successor) by the registration in the form indicated in the registry, is illegal against the person who loses his/her right or is not a party eligible for any other disadvantage. Thus, the above defendant cannot be deemed a person liable for registration for the cancellation of the above registration. Thus, this part of the lawsuit against which the Plaintiff seeks a cancellation of the registration for the right to claim a transfer of ownership against the above defendant is unlawful

2. Claim against the defendant B

A. Basic facts 1) Plaintiff (hereinafter “Plaintiff Union”)

H 39,145 square meters (hereinafter “instant project area”) in Namyang-si, Namyang-si.

() In order to implement a housing reconstruction improvement project in December 29, 201, the reconstruction association which completed the registration of establishment on January 12, 201 with the authorization for establishment from the Namyang-ju mayor on December 29, 201, and the Defendant B is the real estate listed in attached Table 1 (hereinafter “instant real estate”) located in the instant project area.

on November 18, 2015.

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