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1. Of the instant lawsuits, the part of the claim for the performance of each of the procedure for recovery registration is dismissed.
2. The defendant shall be the plaintiff.
(a) annex.
Reasons
1. As to the legitimacy of the part of the claim for the performance of the restoration registration procedure among the instant lawsuit, the Plaintiff asserts that the Defendant, in order to acquire by deception the real estate listed in the separate sheet owned by the Plaintiff (hereinafter collectively referred to as the “instant real estate”), by deceiving the registration public official by means of an alteration of the Plaintiff’s name, etc., and completed the registration of alteration of the indication as a one-time registration titleholder that changes the owner’s address on the registry, and sought the Defendant to implement the procedure for registration of cancellation of the indication as a one-time registration titleholder and the procedure for registration of restoration
Since there is no registration of change of indication other than the registration of change of the title holder of the first registration seeking cancellation on the instant real estate, the Plaintiff appears to have sought implementation of the procedure for registration of change of ownership transfer by registration of correction.
However, in the event that the registration procedure sought by the Plaintiff is implemented, the indication of the former Plaintiff’s title transfer registration is restored to its original original condition. Therefore, the claim for the performance of the registration procedure is unlawful as there is no benefit
Of the instant lawsuits, each of the claims for the procedure of recovery registration shall be dismissed.
2. On October 20, 1957, the Plaintiff purchased the instant real estate to C on October 20, 1957 and completed the registration of ownership transfer on November 6, 1970.
The Defendant initially opened the name B, and changed the address column No. 1 from among the addresses recorded in the abstract of his resident registration record card to Yeongdeungpo-gu Seoul Metropolitan Government E, the same as the owner’s address recorded in the instant real estate register.
The defendant, as he himself is the owner of the instant real estate, deceiving a registered public official as if he is the owner of the instant real estate, and accepting on November 9, 2015, the Suwon District Court's Seosung registry office.