logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.11.02 2017나555
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff seeking the cancellation of the registration of the Seoul Western District Court and the transfer of ownership in the name of the Defendant, which was completed as of June 27, 2016, on the instant real estate on the ground of the cause of the claim as shown in the attached Form.

However, in order to seek cancellation of the registration of transfer of ownership completed in the name of the other party to the other party, a person who first seeks cancellation must actively assert and prove that he/she has the right to claim cancellation, and if such right is not recognized, a claim may not be accepted even if the registration of transfer of ownership in the name of the other party is invalid.

Therefore, the plaintiff does not assert or prove that the above transfer registration under the name of the defendant was null and void and the plaintiff has the title to claim the cancellation thereof against the plaintiff. Thus, the plaintiff's above assertion is without merit without further review.

However, in a case where only the plaintiff appealed against the rejection of the lawsuit in this case, even if the plaintiff's claim in this case is recognized as being groundless, the appellate court cannot render a judgment of dismissal disadvantageous to the plaintiff under the principle of prohibition of disadvantageous alteration. Thus, the plaintiff's appeal should be dismissed.

2. In conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow