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(영문) 서울북부지방법원 2020.01.31 2018가단14066
가등기 등 말소
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. As to the real estate stated in the attached Form to the Plaintiff, A.

Reasons

1. Whether the plaintiff's lawsuit against the defendant B is legitimate

A. A lawsuit seeking the cancellation of registration against a person who is not a person responsible for registration, i.e., the person who loses his/her right or is not a person who is not a person (the title holder of registration or his/her general successor) due to the registration in the form stated in the total certificate of registered matters, is unlawful against a person without standing to be a party (see, e.g., Supreme Court Decision 93Da3925, Feb. 25, 1994); and the requirements for litigation, such as standing to be a party,

(see, e.g., Supreme Court Decision 2010Da87535, Feb. 10, 2011). B.

As stated in the purport of the claim, the plaintiff, ex officio, has completed each registration under the name of the defendant company as to the real estate of this case owned by himself, and has sought implementation of each cancellation registration procedure against the defendant company on the ground that each registration is null and void.

According to the records in Gap evidence No. 2, the registered titleholder of each registration for which the plaintiff is seeking cancellation may be recognized as "Co. E", but it is not sufficient to recognize that the defendant Co. E" or his general successor is a defendant Co., Ltd. or his general successor according to all evidence presented in the argument in this case, such as evidence No. 1.

Therefore, the Plaintiff’s lawsuit against the Defendant Company is unlawful.

2. Determination as to the Plaintiff’s claim against Defendant C

A. The plaintiff is the owner of the real estate in this case, and the registration of the right to claim ownership transfer as stated in Paragraph (a) of Section 2 of the Disposition No. 2 of the defendant C in the name of the defendant C was completed due to purchase and sale reservation on August 4, 197 and the sale by urban redevelopment on May 6, 2002. First, the right to complete the purchase and sale reservation has expired 10 years after the exclusion period as the right to form the right, and ② the right to claim the principal registration has expired 10 years after the extinctive prescription period.

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