logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.08.17 2016나1749
소유권이전등기절차이행
Text

1. The plaintiff's appeal is dismissed.

2. A lawsuit seeking confirmation of invalidity of ownership transfer registration added by this Court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) No. 2, No. 16, and No. 17 of the judgment of the court of first instance (hereinafter referred to as "the plaintiff up to November 31, 2006") shall read "the plaintiff up to November 31, 2006" to read "the plaintiff up to November 31, 2006," and (b) the part of the claim for nullification of ownership transfer registration added to the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in Paragraph 2 of the above Article 2 of the Civil Procedure

2. Determination on the claim for nullification of registration of ownership transfer

A. The summary of the Plaintiff’s assertion is that the sales contract concluded on August 6, 2015 with respect to the instant land between Defendant clan and Nonparty E (hereinafter “instant sales contract”) was null and void without a resolution of a legitimate clan general meeting. The registration of ownership transfer with respect to the instant land in the name of the above E, which was concluded pursuant to the null and void sales contract (hereinafter “instant registration of ownership transfer”) is also null and void.

(B) The Plaintiff stated in the additional purport of the claim that “the confirmation of invalidity of the ownership transfer registration of this case” is sought, but the Plaintiff’s assertion on this part is sought “the confirmation of invalidity of the instant sales contract and the ownership transfer registration” in consideration of the cause of the claim, the process of litigation, the purport of the entire pleadings, etc.

A lawsuit for confirmation of the legal principles of 1st ex officio with respect to the legitimacy of a lawsuit is not necessarily limited to the legal relations between the parties, but can also be the legal relations between one of the parties and a third party or between the third parties. However, for the benefit of confirmation of the legal relations, the legal relations should lead to existing risk and non-existence of the claimant's rights or legal status according to the legal relations, and it is necessary to immediately confirm the legal relations by the confirmation judgment that is the object of confirmation in order to remove the risk and non-performance.

arrow