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(영문) 전주지방법원 2013.07.19 2013나1573
소유권이전등기말소
Text

1. The Plaintiff’s appeal against the Defendant (Appointed Party) and the appointed parties D, E, F, and G is dismissed in entirety.

2. The appeal costs.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by integrating the purport of the entire pleadings in the entry of evidence A No. 1:

The Plaintiff completed the registration of ownership transfer on April 14, 2008 with respect to each real estate of this case on the grounds of sale on April 8, 2008.

B. On January 27, 2010, the designated parties D, E, and F paid the price for each of the instant real estate 1/3 shares among the instant real estate in the auction procedure for H real estate H real estate branch in the Jeonju District Court (Seoul District Court) and completed the registration of transfer of ownership (hereinafter “the registration of transfer of title 1”) under No. 1333 of receipt on February 1, 2010 by the Jeonju District Court, the High District Court (hereinafter “Seoul District Court”).

C. On March 5, 2010, Selected D purchased 1/3 shares of each of the instant real estate from Selected E, and completed the ownership transfer registration (hereinafter “the instant transfer registration”) on March 5, 2010 as to each of the instant real estate by the Gowon Branch of the High District Court (Seoul Branch of the High Court) No. 3026, Mar. 5, 2010. The Selection G purchased 1/3 shares of each of the instant real estate from the Selection on March 22, 2010, and completed the ownership transfer registration (hereinafter “the instant third ownership transfer registration”) on March 22, 2010 as to each of the instant real estate by acquiring 1/3 shares from the SelectionF on March 22, 2010 from the Gowon Branch Branch of the High District Court (hereinafter “the instant third ownership transfer registration”).

2. The defendant's claim against the defendant for cancellation of each ownership transfer registration of this case against the defendant is unlawful, since the plaintiff's claim for cancellation against a person who is not a person liable for registration, a lawsuit claiming cancellation of registration against a person who is not a person liable for registration, or a person who is not a person liable for registration (the name of the person responsible for registration or his/her general successor) is an unlawful lawsuit against the non-party liable for registration, and Supreme Court Decision 92Da10173 Decided July 28, 1992 is an unlawful lawsuit against the non-party liable for registration.

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