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(영문) 수원지방법원성남지원 2014.12.19 2013가단36667
소유권말소등기절차인수
Text

1. From the Plaintiff, on October 23, 2012, Suwon District Court Branch 201Kadan47199 claim for cancellation of ownership.

Reasons

1. Basic facts

A. On July 6, 1997, the Defendants completed each registration of ownership transfer (Defendant B-7 shares, Defendant C, and Defendant D shares, 2/7 shares) based on inheritance on April 15, 1997 with respect to each real estate listed in the separate sheet.

B. As to the Defendants’ shares in each real estate listed in the separate sheet No. 1, No. 2 and each real estate listed in the separate sheet No. 3, No. 4, and No. 5 of the separate sheet No. 3, No. 4, and No. 5, the Plaintiff filed for the registration of ownership transfer for the reason of sale on April 17, 2004 (hereinafter “each transfer of ownership”).

C. The Defendants filed a lawsuit against the Plaintiff on the ground that each of the instant registrations of transfer of ownership was the registration invalidation of the cause thereof, thereby seeking the implementation of each of the registration procedures for cancellation of ownership transfer registration of the instant case under Suwon District Court Branch Branching 201Gadan47199. On September 11, 2012, the said court rendered a judgment ordering the Plaintiff to implement the procedure for cancellation of each of the instant registration of transfer of ownership (hereinafter “instant judgment”), and the said judgment became final and conclusive on October 23 of the same year.

The Defendants did not file an application for cancellation registration of each ownership transfer registration based on the judgment of this case until the date of closing the argument of this case.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-2, Gap evidence 3-1 to 5-5, the purport of the whole pleadings

2. The judgment of the cause of the claim is examined, and in the relation of the claim and the registration, the registration that the person liable for registration should not have in his name is likely to suffer disadvantages in social life under the law, as the person liable for registration is his own name.

Therefore, the Defendants, who failed to file an application for cancellation registration for each transfer of ownership of this case, are entitled to file an application for cancellation registration, and each of the instant cases from the Plaintiff, who is the person liable for registration, due to the instant judgment finalized under Article 23

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