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(영문) 서울고등법원 2018.11.07 2018나2032072
소유권이전등기
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the first instance court's first instance court's second to third, 11, 3, and 10, except that the "14 No. 10 (including the provisional number; hereinafter the same shall apply)" is deemed as "14, 16 (including the provisional number; hereinafter the same shall apply)", and therefore, it is identical to the corresponding part of the second to the part of the second to third, 3, 10, 420 of the Civil Procedure Act. Thus, it shall be cited in accordance

2. The Defendant’s judgment on the prior defense on the instant land is that the registration date and receipt number are specified according to the entry in the register of the substituted land which is not the instant land before replotting. However, this seems to be the receipt date and receipt number of the representative land among the various previous lands substituted with the instant land.

However, since the Plaintiff’s claim is obvious that it is a claim for cancellation of the registration in the name of the Defendant with respect to the instant land, it is to determine the cause of the Plaintiff’s claim. The Plaintiff asserts to the effect that, as a registration on the closed real estate registration form, seeking the procedure for cancellation of the closed registration is unlawful.

However, as the former registration record is closed by transferring only the registration that appears to be effective as of the date of successive transfer without any cause to the new registration record and closing the previous registration record, if it is not recorded in the new registration record, but it is necessary to complete the cancellation registration for realizing the rights of the real right holder, the benefits of the lawsuit seeking the implementation of the cancellation registration procedure cannot be uniformly denied for the reason that the registration remains as the registration of closure, and it is necessary to restore the registration of the real right holder transferred without cause.

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