logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.03.20 2017가단39053
소유권이전등기등
Text

1. Of the instant lawsuit, the part of the claim for confirmation of ownership as to the building indicated in the attached list and the building management ledger.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. The lawsuit for confirmation of the legitimacy of the part concerning the claim for confirmation of ownership among the lawsuit in this case is acknowledged where it is the most effective and appropriate means to determine by the judgment of confirmation when the plaintiff’s legal status is unstable and dangerous.

Therefore, even though a lawsuit seeking implementation can be filed, it is not a final method of resolving a dispute, so there is no benefit of confirmation, and the existence of benefit of confirmation in the lawsuit for confirmation is an ex officio investigation, so the court should decide ex officio regardless of the party's assertion.

(2) The Plaintiff filed the instant lawsuit against the Defendant to obtain the transfer of ownership on the registry of the said building, not for the purpose of seeking confirmation as to the ownership of the said building, but for obtaining the transfer of ownership on the registry of the said building from the Defendant, on the following grounds: (a) the Plaintiff and the Defendant, the owner on the registry of the building indicated in the attached list (hereinafter “instant building”).

Thus, the plaintiff can settle the dispute ultimately by completing the registration of ownership transfer in the name of subrogation of the defendant after receiving an order to implement the procedures for registration of ownership transfer based on sale against the defendant, and completing registration of ownership transfer in the name of subrogation of the defendant.

Therefore, the part of the Plaintiff’s lawsuit seeking confirmation of ownership of the instant building is unlawful as there is no benefit of confirmation.

3. In the case of the instant lawsuit, where the owner of a building is to be changed in the building ledger to determine whether the part claiming the change of the name of the building management ledger in the instant lawsuit is lawful, an application for the change of the owner of a building, accompanied by a building registration certificate, shall be submitted to the competent authority (Article 19(2) of the Rules on the Entry, Management, etc. of Building Ledger).

arrow