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(영문) 대전지방법원 천안지원 2017.02.09 2016가단102180
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The deceased K (hereinafter “the deceased”) owned 42,906 square meters of Jin-dong, Nam-gu, Seoul Special Metropolitan City (hereinafter “the instant forest”) but died on February 2, 2013, and accordingly, the Plaintiff and the Defendants jointly inherited the deceased’s property.

B. On February 24, 1995, the Deceased completed the registration of transfer of ownership in the purport of the claim on October 3, 1981 (hereinafter “the registration of transfer of ownership in this case”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. The plaintiff's argument that the non-party clan is a so-called "unauthorized organization" without any substance as a unique clan or a similar organization. In the event that there exists a false registration that interferes with the true owner's ownership on the registry, if the registered titleholder is no person or entity, the owner may seek cancellation of the registration in the name of the non-party clan that has no person or entity that has registered in the name of the non-party clan under the name of the non-party clan with no substance, as a result of exclusion from interference with the ownership, and the registration of this case completed in the name of the non-party clan with no substance, shall be deemed null and void. Thus, the defendants are the deceased's inheritors who actually registered in the name of the non-party clan with no substance, and the deceased's heir who was the owner of the forest of this case and had no substance and had the duty to implement the procedure for cancellation of the ownership transfer registration of this case to the plaintiff seeking cancellation of the ownership transfer registration

3. An action for cancellation of registration filed against a person who is not a person responsible for registration (the title holder of registration or his/her general successor) or a person who is not a third party interested in the registration is illegal against the person who is not a party;

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