logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.05.17 2017가합105805
등기기록 폐쇄 무효 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a Housing Redevelopment Association established to implement a housing redevelopment project (hereinafter “instant project”) in Seongdong-gu Seoul Metropolitan Government 48,034 square meters of land in Seongdong-gu.

The Plaintiff, who was a member of the Defendant, was 19.85/131 shares of Seongdong-gu Seoul Metropolitan Government E-gi (hereinafter “instant land before the closure”), among the land before the closure of the instant case.

B. On March 25, 2008, the Defendant publicly announced the transfer of the instant project. On May 21, 2008, the registry of the land prior to the closure of the instant project was closed on May 21, 2008, and thereafter the preservation registration of the instant land was completed.

C. On June 30, 2009, the registry of the instant land was closed on the ground of excessive registration form, and was transferred to a new registry. The registration was completed by adding up the share of the site ownership of the former generation on the ground that the ownership of all co-owners of the instant land was established.

[Ground for Recognition: Unsatisfy, Gap evidence 1, 2, 9 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination on this safety defense

A. The Plaintiff’s lawsuit on the gist of the Defendant’s assertion is unlawful, seeking a cancellation of the entries in the closed register with no validity as the current registration.

B. Article 33 of the Registration of Real Estate Act provides that only the currently effective registration among the registered matters in the registration record may be transferred to a new registration record, taking into account the convenience of the registration practice, and thus, the remedy for the genuine right holder’s right should not be difficult.

The former registration record is closed after 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 thus, the registration of the real right holder and the registration that was transferred without cause to the new registration record is not transferred to the new registration record, but the true right holder is not recorded.

arrow